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текст 12Д: Text 12D Comparison of the laws of the Russian Federation An important part of the planning and urban development laws of the "western" countries are provisions, which address the legal status of the plans in relation to governmental actions and private property owners. There are very different fundamental aspects of both land relations and the concepts of planning and urban development in the laws of the Russian Federation. Some of the differences are the result of the situa- tion of economic and legal transition – in particular the fact that pri- vate property rights have not yet been fully defined in the civil law and the "ownership" rights to most urban land parcels continue to re- main in the state. The most important difference, however, appears to lie in the fundamental concept of land law and in the principles and structure of the Land Code. Urban development laws and the land laws require consideration of the economic impacts on private owners of the planning proce- dures. In order to make them work in reality, the laws must deal also with the financial aspects of planning and urban development. In par- ticular, these involve the problem of public finance. The planning and urban development laws must be linked to the laws on Municipal Self- Government, Budgets or Government Finance, which define the ways in which the municipality or state agencies gain the financing to real- ize public projects. Obviously, a system such as the French five-year moratorium cannot work unless the municipality is able to borrow the capital funds needed to buy out private users. One possible way of solving the problem is to re-write the urban development laws, based on the assumption that the fundamental sys- tem of land use definition, clarification of rights and obligations re- lated to specific land parcels, keeping the cadastre and monitoring and enforcement will all take place based on the system of management 129 set by the Land Code. The urban development laws will require the addition of certain "extra" procedures , appropriate for the proper de- finition of urban uses. Such a law would have to pay closer attention to the problems of disagreement among experts and bureaucratic units, which are inevi- table and necessary. Stronger mechanisms of coordination, stronger public participation and accountability and the most important, a more clear responsibility for specific public officials – heads of administra- tion – are needed to make decisions when their subordinate units dis- agree. The second aspect of the urban development and land laws of the Russian Federation, which appear incomplete, in comparison with the western laws, are those aspects dealing with the consequences of planning and urban development decisions on private land rights. In жүктеу/скачать 0.91 Mb. Достарыңызбен бөлісу:
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