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сматриваемых в нем проблем: Text 12C Urban development in "Western" countries In Western Europe, most of the countries have laws that envisage national-level or large-scale regional plans to guide the national minis- tries in making major investments in infrastructure, transport and pub- lic facilities and to insure protection of environmental and rural areas. These large-scale plans provide policy guidance for smaller-scale plans at the regional and municipal levels, for regulation by "zoning" and by review and permitting of projects. There is great variety in the ways the laws are written. For example, Italy regulates urban planning and construction under a law first adopted in 1942, which is not de- tailed and requires subordinate ministerial decrees and municipal laws to define the methodologies, procedures and subject-matter regulation. In contrast, France compiled all of its laws relating to planning, urban development, urban finance and construction regulation into a com- prehensive Urban Development Code long ago. This code covers hun- dreds of pages of text and is published in three parts - (1) the legisla- tive acts, (2) the sub-legislative acts and (3) the orders, resolutions and 127 instructions issued by the national and regional agencies. Great Britain has changed its laws "On Town and Country Planning" three times since 1945. Generally in the "western" countries the systems оf private owner- ship and other civil law rights in land and real property have been functioning for over a century and land parcels were surveyed many decades ago. Urban land parcels regularly are bought, sold, leased and traded as private parties make decisions to invest and reinvest in them. The fundamental structure of the laws, governing land relations re- flects this situation. The laws are not integrated into Land Codes but remain separate fоr different aspects of land relations. With respect to property and contractual relationship involving land, the provisions of the Civil Codes (or the unwritten common law in the US and Britain) apply to land as to all other immovable and movable items. Special laws create the "support systems" - land regis- try, cadastre, mortgage financing system – that allow the property rights to be protected and transactions to take place efficiently. With respect to the land as part of the environment and as a factor in social relationships the laws of the "western" countries provide var- ious systems of regulation (including civil and criminal violations). These are part of the "public (administrative) law" in the civil law countries and most often the laws address particular problems - soil contamination, illegal construction, protection of plant and animal re- sources, fraudulent advertising in the sale of land for housing. These regulatory laws are imposed on all persons (entities) that are using land regardless of the form of ownership or control, or their particular status. This structure of separation of "property" rights from regulatory obligations and restrictions reflects an important fundamental princi- ple in the "western" law. It is done deliberately in order to insure secu- rity" of ownership and rights of possession in land and real estate over time. Therefore, the "western" countries do not make use of land codes, which are intended to integrate of the property aspects of land rela- tions with environmental and social aspects of land use. In particular, the concept that land constitutes a "fund" of national resource, subject to a system of state management is inconsistent with the fundamental structure and assumptions of the "western" legal systems. 128 |