Public hearings to amend the master plan. Public hearings

(as amended by Federal Law dated December 29, 2017 N 455-FZ)

1 - 2. Lost power. - Federal Law of December 29, 2017 N 455-FZ.

3. Public discussions or public hearings on draft master plans of settlements, master plans of urban districts and on projects involving 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 area municipality point.

(as amended by Federal Laws dated March 20, 2011 N 41-FZ, dated December 29, 2017 N 455-FZ)

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 populated area may be divided into parts.

(Part 4 as amended by Federal Law dated December 29, 2017 N 455-FZ)

5 - 7. Lost power. - Federal Law of December 29, 2017 N 455-FZ.

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

(Part 8 as amended by Federal Law dated December 29, 2017 N 455-FZ)

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

(as amended by Federal Laws dated December 25, 2008 N 281-FZ, dated December 29, 2017 N 455-FZ)

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

2) to reject the draft master plan and to send it for revision.

Town Planning Code (GrK) of the Russian Federation specializes in regulating urban planning activities aimed at developing urban areas, various settlements and individual (related to these works, services) relations. Helps ensure sustainable development of territories based on territorial planning and urban zoning. Controls the balance of taking into account economic, environmental, social, etc. factors when carrying out urban planning work. Proclaims the provision of persons with disabilities with appropriate conditions for their unhindered access to objects for various purposes. Raises issues such as the participation of people and their associations in the implementation of urban planning, ensuring the freedom of such participation, the responsibility of government bodies of our country, government agencies of the constituent entities of the Russian Federation and local governments for ensuring decent living conditions for people, etc.

GRK RF Article 5.1. Public discussions, public hearings on draft master plans, draft rules for land use and development, draft territory planning, draft land surveying projects, draft rules for landscaping, draft decisions on granting permission for a conditionally permitted type of use of a land plot or capital construction project, draft decisions on granting permits to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects

1. In order to respect the human right to favorable living conditions, the rights and legitimate interests of legal holders of land plots and capital construction projects under draft master plans, draft land use and development rules, territory planning projects, territory surveying projects, draft rules for landscaping, projects providing making changes to one of the specified approved documents, draft decisions on granting permission for a conditionally permitted type of use of a land plot or capital construction project, draft decisions on granting permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects (hereinafter also in this article - projects) in accordance with the charter of the municipality and (or) the regulatory legal act of the representative body of the municipality and taking into account the provisions of this Code, public discussions or public hearings are held, except for cases provided for by this Code and other federal laws.

2. Participants in public discussions or public hearings on draft master plans, draft land use and development rules, territory planning projects, territory surveying projects, draft rules for territory improvement, projects involving amendments to one of the specified approved documents are citizens permanently residing in the territory in respect of which these projects have been prepared, the copyright holders of land plots located within the boundaries of this territory and (or) capital construction projects located on them, as well as copyright holders of premises that are part of these capital construction projects.

3. Participants in public discussions or public hearings on draft decisions on granting permission for a conditionally permitted type of use of a land plot or capital construction project, draft decisions on granting permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects are citizens permanently residing within the territorial zone within the boundaries of which the land plot or capital construction facility for which these projects have been prepared is located, the legal holders of land plots located within the boundaries of this territorial zone and (or) capital construction projects located on them, citizens permanently residing within the boundaries of the land plots, adjacent to the land plot in respect of which these projects have been prepared, the legal holders of such land plots or capital construction projects located on them, the legal holders of premises that are part of the capital construction project in respect of which these projects have been prepared, and in the case provided for in Part 3 of Article 39 of this Code, as well as the rights holders of land plots and capital construction projects that are at risk of negative impacts on the environment as a result of the implementation of these projects.

4. The procedure for holding public discussions consists of the following stages:

1) notification of the beginning of public discussions;

2) placement of the project, subject to consideration at public discussions, and information materials for it on the official website of the authorized local government body on the Internet information and telecommunications network (hereinafter in this article - the official website) and (or) in the state or municipal information system , ensuring the holding of public discussions using the information and telecommunications network "Internet" (hereinafter also referred to as the "Internet"), or on the regional portal of state and municipal services (hereinafter in this article - information systems) and the opening of an exposition or expositions of such a project;

3) holding an exposition or expositions of a project subject to consideration at public discussions;

4) preparation and execution of minutes of public discussions;

5. The procedure for holding public hearings consists of the following stages:

1) notification of the beginning of public hearings;

2) posting a project to be considered at public hearings and information materials for it on the official website and opening an exposition or expositions of such a project;

3) holding an exhibition or exhibitions of a project subject to consideration at public hearings;

4) holding a meeting or meetings of participants in public hearings;

5) preparation and execution of minutes of public hearings;

6. Notification of the beginning of public discussions or public hearings must contain:

1) information about the project to be considered at public discussions or public hearings, and a list of information materials for such a project;

2) information on the procedure and timing of public discussions or public hearings on the project subject to consideration at public discussions or public hearings;

3) information about the place, date of opening of the exposition or expositions of the project, subject to consideration at public discussions or public hearings, about the timing of the exposition or expositions of such a project, about the days and hours during which it is possible to visit the specified exposition or expositions;

4) information on the procedure, deadline and form for participants in public discussions or public hearings to submit proposals and comments regarding the project to be considered at public discussions or public hearings.

7. The notification about the beginning of public discussions must also contain information about the official website on which the project subject to consideration at public discussions and information materials for it will be posted, or information systems in which such a project and information materials for it will be posted, with using which public discussions will be held. The notification about the beginning of public hearings must also contain information about the official website on which the project to be considered at public hearings and information materials for it will be posted, information about the date, time and place of the meeting or meetings of participants in the public hearings.

8. Notification of the beginning of public discussions or public hearings:

1) no later than seven days before the date of publication on the official website or in information systems of a project subject to consideration at public discussions or public hearings, it is subject to publication in the manner established for the official publication of municipal legal acts, other official information, as well as in the case , if provided for by municipal legal acts, in other media;

2) is distributed on information stands equipped near the building of the local government body authorized to conduct public discussions or public hearings, in places of mass gathering of citizens and in other places located on the territory in respect of which the relevant projects have been prepared, and (or) within the boundaries of territorial zones and (or) land plots specified in part 3 of this article (hereinafter referred to as the territory within which public discussions or public hearings are held), in other ways that provide access to the specified information for participants in public discussions or public hearings.

9. During the entire period of placement, in accordance with clause 2 of part 4 and clause 2 of part 5 of this article, a project subject to consideration at public discussions or public hearings, and information materials for it, an exposition or expositions of such a project are held. During the work of the exposition, consultations should be organized for visitors to the exposition, and the distribution of information materials about the project that is subject to consideration at public discussions or public hearings. Visitors to the exhibition are advised by representatives of the local government body authorized to conduct public discussions or public hearings or a collegial advisory body created by it (hereinafter referred to as the organizer of public discussions or public hearings) and (or) the developer of the project to be considered at public discussions or public hearings.

10. During the period of placement in accordance with paragraph 2 of part 4 and paragraph 2 of part 5 of this article of a project subject to consideration at public discussions or public hearings, and information materials for it and the holding of an exposition or expositions of such a project, participants in public discussions or public hearings who have passed in accordance with part 12 of this article identification, have the right to make proposals and comments regarding such a project:

1) through the official website or information systems (in the case of public discussions);

2) in written or oral form during a meeting or meetings of participants in public hearings (in the case of public hearings);

3) in writing to the organizer of public discussions or public hearings;

4) by recording in a book (journal) a record of visitors to the exposition of the project, subject to consideration at public discussions or public hearings.

11. Proposals and comments made in accordance with Part 10 of this article are subject to registration, as well as mandatory consideration by the organizer of public discussions or public hearings, except for the case provided for by Part 15 of this article.

12. Participants in public discussions or public hearings for identification purposes provide information about themselves (last name, first name, patronymic (if any), date of birth, address of residence (registration) - for individuals; name, main state registration number, location and address - for legal entities) with attached documents confirming such information. Participants in public discussions or public hearings who are the legal holders of the relevant land plots and (or) capital construction projects located on them and (or) premises that are part of these capital construction projects also provide information, respectively, about such land plots, capital construction projects, premises, being part of the specified capital construction projects, from the Unified State Register of Real Estate and other documents establishing or certifying their rights to such land plots, capital construction projects, premises that are part of the specified capital construction projects.

13. It is not required to submit the documents specified in Part 12 of this article confirming information about participants in public discussions (last name, first name, patronymic (if any), date of birth, address of residence (registration) - for individuals; name, main state registration number , location and address - for legal entities), if these persons make proposals and comments regarding the project subject to consideration at public discussions, through the official website or information systems (provided that this information is contained on the official website or information systems) . In this case, to confirm the information specified in Part 12 of this article, a unified identification and authentication system may be used.

14. Processing of personal data of participants in public discussions or public hearings is carried out taking into account the requirements established by Federal Law of July 27, 2006 N 152-FZ “On Personal Data”.

15. Proposals and comments made in accordance with Part 10 of this article are not considered if it is revealed that a participant in public discussions or public hearings has provided false information.

16. The organizer of public discussions or public hearings ensures equal access to the project to be considered at public discussions or public hearings for all participants in public discussions or public hearings (including by providing access to the official website and information systems in multifunctional centers during public discussions provision of state and municipal services and (or) premises of state authorities of the constituent entities of the Russian Federation, local government bodies, and organizations subordinate to them).

17. The official website and (or) information systems must provide the ability to:

1) verification by participants of public discussions of the completeness and accuracy of the reflection on the official website and (or) in information systems of the proposals and comments they made;

2) providing information on the results of public discussions, the number of participants in public discussions.

18. The organizer of public discussions or public hearings prepares and draws up a protocol of public discussions or public hearings, which indicates:

1) date of registration of the minutes of public discussions or public hearings;

2) information about the organizer of public discussions or public hearings;

4) information about the period during which proposals and comments from participants in public discussions or public hearings were accepted, about the territory within which public discussions or public hearings are held;

5) all proposals and comments of participants in public discussions or public hearings, divided into proposals and comments of citizens who are participants in public discussions or public hearings and permanently residing in the territory within which public discussions or public hearings are held, and proposals and comments of other participants in public discussions or public hearings.

19. Attached to the minutes of public discussions or public hearings is a list of participants in public discussions or public hearings who took part in the consideration of the project, including information about the participants in public discussions or public hearings (last name, first name, patronymic (if any), date of birth, address of the place residence (registration) - for individuals; name, main state registration number, location and address - for legal entities).

1) the date of drawing up the conclusion on the results of public discussions or public hearings;

2) the name of the project considered at public discussions or public hearings, information on the number of participants in public discussions or public hearings who took part in public discussions or public hearings;

3) details of the protocol of public discussions or public hearings, on the basis of which a conclusion on the results of public discussions or public hearings was prepared;

4) the content of the proposals and comments made by participants in public discussions or public hearings, divided into proposals and comments of citizens who are participants in public discussions or public hearings and permanently reside in the territory within which public discussions or public hearings are held, and proposals and comments of other participants public discussions or public hearings. If several participants in public discussions or public hearings make identical proposals and comments, generalization of such proposals and comments is allowed;

5) reasoned recommendations of the organizer of public discussions or public hearings on the advisability or inappropriateness of taking into account proposals and comments made by participants in public discussions or public hearings and conclusions based on the results of public discussions or public hearings.

23. The conclusion on the results of public discussions or public hearings is subject to publication in the manner established for the official publication of municipal legal acts and other official information, and is posted on the official website and (or) in information systems.

24. The charter of the municipal formation and (or) the regulatory legal act of the representative body of the municipal formation on the basis of the provisions of this Code determines:

7) the procedure for holding an exposition of a project that is subject to consideration at public discussions or public hearings, as well as the procedure for consulting visitors to the exposition of a project that is subject to consideration at public discussions or public hearings.

25. The period for holding public discussions or public hearings on draft rules for the improvement of territories from the date of publication of the notification about the beginning of public discussions or public hearings until the day of publication of the conclusion on the results of public discussions or public hearings is determined by the charter of the municipality and (or) the regulatory legal act of the representative body of the municipal education and cannot be less than one month and more than three months.

ST 28 GrK RF.

3. Public discussions or public hearings on draft master plans of settlements, master plans of urban districts and on projects involving 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 area municipality point.

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 populated area may be divided into parts.

8. The period for holding public discussions or public hearings from the moment of notification of residents of the municipality about their holding until the day of publication of the conclusion on the results of public discussions or public hearings is determined by the charter of the municipality and (or) the regulatory legal act of the representative body of the municipality and cannot be less than one month 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 municipality;

2) to reject the draft master plan and to send it for revision.

Commentary to 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 focus on 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 contents of such documents. This is exactly the conclusion that should be drawn from Part 1 of the commented article, which clearly identifies two purposes for holding public hearings:

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

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

Unlike the old Civil Code of the Russian Federation, in which an entire 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 about this, which hardly characterizes the code positively in terms of legal technology. 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 previously 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 civil rights has been sufficiently studied in the legal literature. Without even trying to retell the content of existing scientific concepts and discussions, we will only note that the enshrinement of the human right to favorable living conditions in the Civil Code of the Russian Federation means legislative orientation towards international human rights standards, which should be considered very positive. Regarding the relationship between the “environment” and the “conditions” of life, we believe that the novelty of the code under consideration means a transition to a more comprehensive consideration of the development needs of the population and territories, which is ensured by the development of federal, regional and local standards for urban planning, technical regulations, and the development of urban planning documentation of all levels, allocation of funds from budgets of all levels for the implementation of options for the development of territories laid down in 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.

Moreover, 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 the rights holders 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 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 municipal entity and municipal legal acts, but also by other federal laws. First of all, the Law on Local Self-Government should be highlighted. For the purposes of the commented article, it is important that public hearings held on the initiative of the population or the representative body of the municipality are appointed by the representative body of the municipality, and on 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 must provide for advance notification of residents of the municipality about the time and place of public hearings, as well as other measures ensuring 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 made. Without trying to assess the entire existing range of procedures for taking into account the opinion of the population when public authorities make decisions, 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 of Article 23 of the Land Code of the Russian Federation).

Secondly, according to paragraph 3 of Article 31 of the Land Code of the Russian Federation, citizens, public organizations (associations), religious organizations and bodies of territorial public self-government have the right to participate in resolving issues affecting the interests of the population, religious organizations and related to seizure, including by purchasing land plots for state and municipal needs and providing these land plots for construction.

The existing procedure for public discussions at the time of entry into force of the RF Civil Code, 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 RF Civil Code, as well as the environmental assessment procedure, part of which, in turn, is the EIA.

Thus, 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 procedure and in the range of problems to be discussed, which should be kept in mind when developing municipal legal acts.

3. Public hearings must 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 municipal entity (settlement, urban district), and even more so when another settlement is included in one settlement. The need to divide a 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 land owners and the population in within a microdistrict, block or territorial zone. However, to implement this provision, it is necessary to develop a law of a subject of the Russian Federation that determines the maximum number of persons living in such a territory. Consequently, the classification of such territories in the said law is also necessary.

4. An analysis of the provisions of the Civil Code of the Russian Federation allows us to clearly identify cases of application of the public hearing procedure, separating 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 public hearing procedure is applied, include:

a) public hearings, which are held at the stage of preparation of the draft master plan (Part 3.11, 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 appendix to the draft master plan and are subject to consideration when making decisions on its approval or rejection.

b) provisions on holding public hearings on issues of land use and development are an integral part of the procedure for applying the rules of land use and development and introducing changes to these rules. Accordingly, the very procedure for applying the rules is one of the integral parts of the land use and development rules themselves (Parts 2, 3, Article 30 of the Civil Code of the Russian Federation). Therefore, the preparation of the draft land use and development rules 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 a municipal entity, upon receipt of a draft land use and development rules from a local 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 project.

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 rights holders within a territorial zone or less), including:

a) territory planning projects and territory surveying projects prepared as part of territory planning documentation on the basis of a decision of the local government body of the settlement or the local government body of the urban district are subject to mandatory consideration at public hearings before their approval. Public hearings on the territory planning project and the territory surveying project are held with the participation of citizens living in the territory in relation to which the preparation of its planning project and its land surveying project is being prepared, the legal holders of land plots and capital construction projects located on the specified territory, persons whose legal interests may be violated in connection with the implementation of such projects (Parts 5,7, Article 46 of the Civil Code of the Russian Federation).

b) public hearings on the issue of granting permission for a conditionally permitted type of use are local - they are held only with the participation of citizens living within the territorial zone in which the land plot or capital construction project for which permission is being requested is located (Part 3 of Article 39 GRK RF).

c) local public hearings will be held in cases where changes to land use and development rules are associated with 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 location 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 maximum 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 certain specifics in the territory of the federal cities of Moscow and St. Petersburg. In Part 3 of Art. 63 of the Civil Code of the Russian Federation notes that public hearings on draft master plans for the federal cities of Moscow and St. Petersburg must be held in each intra-city municipality of the federal cities of Moscow and St. Petersburg.

5. The commented article does not mention who will directly organize the procedure for public hearings. This issue must be reflected in the charter and other regulatory legal acts of the local government body. 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 the commission as the organizer of public hearings that Part 12 of Article 31, Part 4 of Article 39, Part 5 of Art. 40 GrK RF. The commission sends messages about public hearings, prepares recommendations to the head of the administration based on their results, organizes exhibitions, expositions, etc.

6. The timing of public hearings is determined by Part 8 of the commented article in the amount of no less than one and no more than three months. This period should be considered as a general period for holding public hearings. It applies to holding public hearings on the draft master plan and on projects for planning and land surveying.

At the same time, the Civil Code of the Russian Federation provides for special deadlines 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 land use and development rules is no less than two and no more than four months from the date of publication of such a project. 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 of notification of residents of the municipality about the time and place of their holding until the day of publication of the conclusion on the results of public hearings cannot be more than one month. 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 about 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 making proposals and comments in the protocol of public hearings or the mandatory attachment of it to project documentation), it should be recognized that taking their results into account is not mandatory for 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 rights holders with complete impunity. Moreover, the fact of ignoring cannot even be appealed in court.

Enshrining 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 existing there of respect by the authorities for the opinion of the population and recognition of their “intrinsic value”. In modern Russia, a number of remnants of totalitarianism remain, which is manifested, in particular, in the widespread disregard by authorities at all levels of the interests and needs of the population. Therefore, this edition of the norms of the Civil Code of the Russian Federation, which does not bind public authorities to anything, can only deserve a negative assessment.

8. A separate issue, not regulated in any way by the article being commented on, 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 determined.

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

b) costs associated with organizing and holding public hearings on the issue of granting permission for a conditionally permitted type of use, as well as costs associated with organizing and holding public hearings on the issue of granting permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects, are 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 residents of the city of Moscow and their associations, with local governments, with legal holders of land plots and capital construction projects is to create a favorable environment for human activity 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 rights holders of land plots and capital construction projects. For this purpose, the executive authorities of the city of Moscow:

1) inform Moscow residents about urban planning activities;

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

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

4) discuss current issues of urban planning 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 to the tasks specified in part 1 of this article is provided by the city commission and district commissions.

3. In order to interact on issues of urban planning with representatives of associations and organizations specified in paragraph 4 of part 1 of this article, advisory, consultative, 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 and organizations.

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

1. In order to inform residents of the city of Moscow about urban planning activities, the executive authorities of the city of Moscow ensure official publication and posting 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 for the city of Moscow, draft land use and development rules, on the development of built-up areas, as well as notices of auctions for the right to conclude an agreement on the development of built-up areas, information on the results of such auctions;

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

3) rules of land use and development;

4) regional standards;

5) territorial and sectoral schemes;

6) territory planning projects, territory surveying projects;

7) has become invalid;

8) notifications about 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 paragraphs 3-7 of part 1 of this article, minutes of public hearings on issues of urban planning activities are subject to posting on the official websites of executive authorities of the city of Moscow on the Internet.

3. Informing residents of the city of Moscow about urban planning activities is also carried out by organizing urban planning exhibitions, expositions, including permanent ones, creating 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 by placement of information on information stands and outdoor advertising, and other means.

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

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

1) projects of the General Plan of the City of Moscow - in each municipality, for draft amendments to the General Plan of the City of Moscow - in municipalities affected by the planned changes;

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

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

4) territory planning projects - in areas of the city of Moscow, in the territories of which the specified projects have been developed;

5) land surveying projects for residential areas not subject to reorganization - in areas of the city of Moscow, in the territories of which the specified projects have been developed;

6) projects developed in the form of separate documents for urban planning plans for land plots in the cases specified in Part 7 of Article 44 of this Code - in areas of the city of Moscow in the territories of blocks, microdistricts, within the boundaries of which the specified land plots are located;

7) draft decisions on the provision of permits for a conditionally permitted type of use of a land plot, a capital construction project or for deviation from the maximum parameters of permitted construction, reconstruction of a capital construction project - in areas 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.

2. Participants in public hearings are:

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

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

3) deputies of municipal assemblies of municipalities on whose territory public hearings are held;

4) deputies of the Moscow City Duma.

3. Each participant in public hearings has the right to make, on his own behalf, proposals and comments on the project under discussion in the prescribed manner. All proposals and comments of participants in public hearings regarding the project under discussion are subject to inclusion in the minutes of public hearings in the prescribed manner.

4. Public hearings are organized and conducted by the city commission and district commissions in accordance with this Code. Public hearings end with the publication of a conclusion on the results of the public hearing. The duration of public hearings is calculated from the date of publication and 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 projects of the General Plan of the city of Moscow, land use and development rules - no less than two and no 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 paragraphs 3 and 4 of part 1 of this article - no less than one and no more than two months;

3) for projects specified in paragraphs 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 referred to as the exposition);

3) holding a meeting of participants in public hearings;

4) drawing up minutes of public hearings;

6. The notice of public hearings shall indicate:

1) the project presented for public hearings;

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

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

4) the procedure and forms for participants in public hearings to submit proposals and comments on the project under discussion;

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

6) the email address of the Internet site on which the project under discussion is posted.

7. Notification of public hearings no later than seven days before the opening of the exhibition:

2) sent in writing to the deputies of the Moscow City Duma in whose electoral districts public hearings are held;

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

4) distributed as official information:

a) through electronic media;

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

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

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

8. Projects to be discussed at public hearings must be presented 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 cost of their production.

9. Exhibitions are held:

1) for 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 meetings of participants in public hearings in each administrative district of the city of Moscow, in each district of the city of Moscow, and in addition In addition, they can be held in the form of a central city exhibition on the territory of the Central Administrative District of Moscow;

2) on draft amendments to the General Plan of the city of Moscow, land use and development rules, projects specified in paragraphs 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, whose territories are included in the development bodies of these projects;

3) for the projects specified in paragraphs 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 district of Moscow.

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

11. Meetings of participants in public hearings are held in premises equipped for demonstrating the projects under discussion, making audio recordings of speeches of participants in public hearings, and also meeting accessibility requirements for people with disabilities. Meetings on non-working holidays are not permitted. On weekdays, meetings begin no earlier than 6 p.m.

12. Before and during the meeting, registration of participants in public hearings is carried out. 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 of public hearings include:

1) speeches by authorized representatives of the executive authorities of the city of Moscow with messages on the presented project, with answers to questions from participants in public hearings;

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

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

15. During the meeting, audio recordings of the speeches of participants in public hearings are made.

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 the same administrative district of the city of Moscow, can be held 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 broadcast of all speeches to 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 progress of such a conference is broadcast on cable television and on the Internet.

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

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

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

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

4) submitting written proposals and comments to a representative of the relevant district commission or city commission during a meeting of participants in public hearings;

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

18. The proposals and comments specified in part 17 of this article are included in the minutes of public hearings.

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

1) the project presented for public hearings;

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

3) all proposals and comments of participants in public hearings regarding the project under discussion.

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

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

22. Based on the minutes of public hearings, the district or city commission prepares a conclusion on the results of public hearings. The preparation of conclusions on the results of public hearings on the projects specified in paragraphs 1-3 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 presented for public hearings, the timing, location 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 is approved by the chairman of the relevant commission. Within ten days after approval, the conclusion on the results of public hearings must be published in the manner established for the publication of official information of the Moscow Government or the relevant territorial executive authorities of the city of Moscow.

25. The procedure for organizing and conducting public hearings by executive authorities of the city of Moscow, the form of the protocol of public hearings, the form of the conclusion on the results of public hearings, are established by the Moscow Government 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 an application to recognize the results of public hearings as invalid due to a violation of the procedure for conducting public hearings established by this article. If the city commission or the Moscow Government recognizes the results of public hearings as invalid, the corresponding project cannot be submitted to the Moscow Government without re-submission to public hearings. If a court decision declares the results of public hearings invalid, the corresponding project submitted for approval is not subject to approval, and the approved project is not subject to application.

Article 69. Consideration of proposals from residents of the city of Moscow and their associations, local government bodies, individuals and legal entities on issues of urban planning activities

1. Suggestions and comments from residents of the city of Moscow and their associations on issues of urban planning activities submitted to public hearings are considered and taken into account in accordance with Article 68 of this Code.

2. The projects specified in Part 1 of Article 68 of this Code, no later than 30 days before the publication of the notice of public hearings, are sent on electronic media to the municipal assemblies of the relevant municipalities. Within 15 days from the date of receipt of these projects, municipal assemblies of municipalities send proposals for these projects to the body authorized in the field of urban planning or to the relevant district commission.

3. Residents of the city of Moscow, their associations, legal holders of land plots, capital construction projects, residential and non-residential premises, persons whose rights and legitimate interests may be violated as a result of the approval or adoption of projects specified in paragraphs 1-7 of part 1 of Article 68 of this Code other decisions on issues of urban planning activities, has the right to send to the Moscow Government, the city commission or the relevant district commission proposals for amendments to these projects, decisions, as well as proposals for pre-trial consideration by the district commission or city commission of disputes, conflict situations arising during the preparation or as a result of approval of projects, adoption of decisions specified in this part.

4. Municipal assemblies of municipalities may send proposals to the Moscow Government, the city commission or the relevant district commission to amend the approved projects specified in paragraphs 1-7 of part 1 of Article 68 of this Code, insofar as they relate to the territory of the municipality.

5. The relevant district commission or city commission, within 30 days from the date of receipt of proposals to amend approved projects, decisions made on issues of urban planning activities, specified in parts 3 and 4 of this article, considers them and prepares a conclusion on the advisability or inappropriateness of introducing proposed changes and forwards this conclusion to the author of the corresponding proposal. The relevant commission submits its conclusion on the advisability of making the proposed changes to the Moscow Government for decision-making in the prescribed manner.

6. Pre-trial consideration of disputes and conflict situations on issues of urban planning activities is carried out by the relevant district commission or city commission with the participation of all interested parties in accordance with the legislation and regulations on district commissions and city commissions.

Article 70. Consideration of town planning decisions by advisory bodies on issues of town planning activities

1. Advisory, advisory, expert and other bodies (councils, commissions, working groups), including specialists in the field of urban planning, architecture and related types of professional activities, as well as representatives of citizen associations.

2. The Architectural Council of the City of Moscow, created in accordance with this Code under the body authorized in the field of urban planning and architecture, carries out collegial professional consideration of architectural solutions in the field of urban planning, architectural and construction, landscape and garden design, design of complex landscaping facilities . The recommendations of the Architectural Council of the City of Moscow are taken into account by the executive authorities of the city of Moscow when making decisions in the field of urban planning activities.

3. The Architectural Council of the City of Moscow includes authoritative experts in the field of urban planning, architecture and related professions, including representatives of design and research organizations, self-regulatory organizations and creative professional associations in the field of urban planning, architecture and related activities.

4. Projects that determine the architectural and spatial structure of the territory and the architectural and artistic appearance of the city of Moscow are subject to mandatory consideration by the Architectural Council of the City of Moscow.

5. The mandatory consideration by the Architectural Council of the City of Moscow of an architectural and urban planning solution for a capital construction project is indicated in the urban planning plan of the land plot of this object.

6. The result of the consideration by the Architectural Council of the City of Moscow of an architectural and urban planning solution for a capital construction project is the issuance or refusal to issue a certificate of approval of the architectural and urban planning solution of the facility, which indicates the parameters and characteristics of the approved architectural and urban planning solution and its author (authors). The certificate of approval of the architectural and urban planning solution of the facility is approved by the chief architect of the city of Moscow. A certificate of approval of the architectural and urban planning solution of the facility is submitted to the body authorized to conduct state examination. Inconsistency of the design documentation with the certificate of approval of the architectural and urban planning solution of the facility may serve as a basis for refusal to accept the design documentation submitted for state examination.

7. By decision of the Mayor of Moscow, at the proposal of the chief architect of the city of Moscow, the projects specified in part 4 of this article are submitted for consideration to the public advisory body on issues of urban planning activities and the formation of the architectural and artistic appearance of the city of Moscow under the Mayor of Moscow (hereinafter referred to as the Public Council).

8. The Public Council is created by the Mayor of Moscow in order to discuss socially significant issues of urban planning and architecture in the city of Moscow. The Public Council includes the chief architect of the city of Moscow, authoritative experts in the field of urban planning, architecture and related professions, including representatives of design, research organizations, public professional creative associations and self-regulatory organizations, and may also include representatives of other public associations, deputies Moscow City Duma, members of the Federation Council and deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of municipal assemblies of municipalities. The composition of the Public Council and its regulations are approved by the Mayor of Moscow. Decisions of the Public Council approved by the Mayor of Moscow are subject to mandatory consideration when making decisions on socially significant issues of urban planning and the formation of the architectural and artistic appearance of the city of Moscow.

9. By decision of the Public Council, in order to discuss socially significant architectural and urban planning decisions, public hearings may be held in accordance with Article 68 of this Code.

• Chapter 1. (Articles 1-10)
  • Article 1.
  • Article 2.
  • Article 3.
  • Article 4.
  • Article 5.
  • Article 6.
  • Article 7.
  • Article 8.
  • Article 9.
  • Article 10.
• Chapter 2. (Articles 11-18)
  • Article 11.
  • Article 12.
  • Article 13.
  • Article 14.
  • Article 15.
  • Article 16.
  • Article 17.
  • Article 18.
• Chapter 3. (Articles 19-22)
  • Article 19.
  • Article 20.
  • Article 21.
  • Article 22.
• Chapter 4. (Articles 23-27)
  • Article 23.
  • Article 24.
  • Article 25.
  • Article 26.
  • Article 27.
• Chapter 5. (Articles 28-30)
  • Article 28.
  • Article 29.
  • Article 30.
• Chapter 6. (Articles 31-33)
  • Article 31.
  • Article 32.
  • Article 33.
• Chapter 7. (Articles 34-37)
  • Article 34.
  • Article 35.
  • Article 36.
  • Article 37. Repealed
• Chapter 8. (Articles 38-44)
  • Article 38.
  • Article 39.
  • Article 40.
  • Article 41.
  • Article 42.
  • Article 43.
  • Article 44.
• Chapter 9. (
• Chapter 10. (Articles 51-57)
  • Article 51.
  • Article 52.
  • Article 53.
  • Article 54.
  • Article 55.
  • Article 56.
  • Article 57.
• Chapter 11. (Articles 58-65)
  • Article 58.
  • Article 59.
  • Article 60.
  • Article 61.
  • Article 62.
  • Article 63.
  • Article 64.
  • Article 65.
• Chapter 12. (Articles 66-70)
  • Article 66.
  General provisions on the information system for supporting urban planning activities in the city of Moscow (Articles 76-78)
  • Article 76.
  • Article 77.
  • Article 78.

POSITION

on the procedure for organizing and conducting public hearings

General provisions

Public hearings are an organizational form of public participation in discussing issues of urban planning activities, 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 mandatory for the purposes of:

bringing information to the population about the contents of the draft master plan;

respect for human rights to favorable living conditions;

compliance with the rights and legitimate interests of legal holders of land plots and capital construction projects.

1.1.2. Public hearings are held in the locality 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 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 registration of participants indicating their place of permanent residence based on 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 public hearings, himself and the secretary, and answers questions from participants in public hearings.

1.3.3. After receiving information and answers to questions, any of the participants in the public hearings has the right to speak out 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 protocol of public hearings.

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

1.3.6. Participants in public hearings do not make any decisions on the substance of the project under discussion and do not hold any votes.

1.3.7. After the completion of public hearings on the draft master plan, the Working Commission draws up a protocol on the public hearings and a conclusion on the results of the public hearings and submits the draft master plan to the Head of the municipality for an appropriate decision. Mandatory annexes to the draft master plan are protocols of public hearings and a conclusion 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 land use and development rules

2.1. General provisions

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

2.1.2. Before their approval, draft land use and development rules are subject to mandatory review at public hearings.

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

2.1.4. If amendments to the rules of land use and development are associated with the placement or reconstruction of a separate capital construction facility, 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 established for such zone object with special conditions for the use of the territory. At the same time, the rights holders of land plots that have a common border with the land plot on which it is planned to locate or reconstruct a separate capital construction project, the rights holders 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 copyright holders of premises in such a facility, as well as the copyright holders of capital construction projects located within the boundaries of zones with special conditions for the use of territories.

2.1.5. Notifications are sent no later than 15 days from the date the head of the local government body makes 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 a draft land use and development rules that has passed the appropriate checks, makes a decision to hold public hearings on such a project no later than ten days from the date of receipt of the project.

2.2.3. This decision establishes the time and place of public hearings, and also determines the composition of participants in public hearings who are subject to notification of their holding.

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

2.2.5. The latest information and the draft final document (conclusion 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 no less than two and no more than four months from the date of publication of the draft.

2.2.7. The working commission may use other forms of informing the public about ongoing public hearings.

2.3. Procedure for holding public hearings

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

2.3.2. At the location of the public hearings, materials included in the draft land use and development rules must be displayed for public viewing.

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

2.3.4. After receiving information and answers to questions, any of the participants in the public hearings has the right to speak out 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 protocol of public hearings.

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

2.3.6. Participants in public hearings do not make any decisions on the substance of the project under discussion and do not hold any votes.

2.3.7. After completion of public hearings on the draft land use and development rules, the Working Commission submits the specified draft to the head of the local government body. Mandatory annexes to the draft land use and development rules are protocols of public hearings and a conclusion on the results of public hearings.

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

on approval of the draft land use and development rules;

on rejection of the draft land use and development rules and

sending it for revision.

2.3.9. 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 10 days from the date of the public hearing.

3. Public hearings on the territory planning project

and the territory surveying project

3.1. General provisions

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

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

citizens living in the territory for which a planning project and a land surveying project are being prepared;

rights holders of land plots and capital construction projects located on 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 a planning project and a territory surveying project that has passed the appropriate checks, adopts a resolution to hold public hearings on such a project no later than ten days from the date of receipt of the project.

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

3.2.3. The resolution on holding 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 land surveying project cannot 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 appendix to it must be 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 on the planning of the territory and the land surveying project or on rejecting 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 registration of participants indicating their place of permanent residence based on passport data.

3.3.2. At the place where public hearings are held, materials from the planning project and the territory surveying project must be displayed for public 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 answers to questions, any of the participants in the public hearings has the right to speak out 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 to the Working Commission their proposals and comments regarding the project under consideration for inclusion in the protocol of public hearings.

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

3.3.7. Participants in public hearings do not make any decisions on the substance of the project under discussion and do not hold any votes.

3.3.8. After the completion of public hearings on the territory planning project and the territory surveying project, the Working Commission draws up a protocol on the public hearings and submits the planning project and the territory surveying project to the Head of the municipality for making an appropriate decision. Mandatory annexes to this project are the protocol 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 the issue of granting permission

for a conditionally permitted type of land use

site or capital construction facility, permission to deviate from the maximum parameters of permitted construction or reconstruction of capital construction projects

4.1. General provisions

4.1.1. The issue of granting permission for a conditionally permitted type of use of a land plot or capital construction project, permission to deviate from the maximum parameters of permitted construction or reconstruction of capital construction projects 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 project (hereinafter referred to as a permit for a conditionally permitted type of use), a permit to deviate from the maximum parameters of permitted construction or reconstruction of capital construction projects (hereinafter referred to as a permit for deviation from permitted construction) sends a corresponding application to the head of the administration of the municipality for commission consideration.

4.1.3. If a conditionally permitted type of use of a land plot or capital construction facility is included in the urban planning regulations in the manner 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 permission for a conditionally permitted type of use, the decision to grant permission for a conditionally permitted use to such a person is made without holding a public hearing.

4.1.4. Public hearings on the issue of granting permission for a conditionally permitted type of use, permission to deviate from permitted construction are held with the participation of citizens living within the territorial zone within the boundaries of which the land plot or capital construction project for which permission is being requested is located. If a conditionally permitted type of use of a land plot or capital construction project, deviation from the permitted construction may have a negative impact on the environment, public hearings are held with the participation of rights holders of land plots and capital construction projects at risk of such a negative impact.

4.2. Procedure for organizing public hearings

4.2.1. The head of the municipal administration makes a decision to schedule public hearings on issues of granting permission for a conditionally permitted type of use of a land plot or capital construction project, permission to deviate from the maximum parameters of permitted construction or reconstruction of capital construction projects. Public hearings are conducted by the Working Commission.

4.2.2. The costs associated with organizing and conducting public hearings are borne by the individual or legal entity 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 specified estimate.

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

4.2.4. The commission's message about the time and place of public hearings is subject to publication in the manner established for the official publication of municipal legal acts.

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

4.3. Procedure for holding public hearings

4.3.1. Before the start of public hearings, the Working Commission organizes registration of participants indicating their place of permanent residence based on 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 maximum parameters of permitted construction, informs the participants of the public hearing on the merits of his application and answers their questions.

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

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

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

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

4.3.7. After the completion of public hearings, the Working Commission draws up a protocol of public hearings and draws up a conclusion on the results of public hearings and, on the basis of this conclusion, prepares recommendations on granting permission for a conditionally permitted type of use, permission to deviate from the maximum parameters of permitted construction, or refusing to grant such permission 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 established for the official publication of municipal legal acts, no later than ten days from the date of the public hearing.