Urban and rural settlement. Rural settlements of Russia: from prison to the municipality
The population of modern Russia lives mainly in the cities. In pre-revolutionary Russia, rural population prevailed, urban dominates (73%, 108.1 million people). Night until 1990, in Russia there was a permanent increase in urban populationpromoting fast increase his swelling In the population of the country. If in 1913 the share of urban residents accounted for only 18%, in 1985 - 72.4%, then in 1991 their number reached 109.6 million people (73.9%).
The main source of steady growth of the urban population in the Soviet period served the influx of rural residents in the city due to the redistribution between and agriculture. An important role in ensuring the high rates of the annual growth of the urban population plays the transformation of some rural settlements to urban with a change in their functions. To a much lesser extent urban population Countries grew due to the natural growth of the population of cities.
Since 1991 For the first time in many decades in Russia began reducing the number of urban population. In 1991, the number of urban population decreased by 126 thousand people, in 1992 - at 752 thousand people, in 1993 - by 549 thousand people, in 1994 - by 125 thousand people, in 1995 . - 200 thousand people. Thus, for 1991-1995 The reduction was 1 million 662 thousand people. As a result, the share of the country's urban population decreased from 73.9 to 73.0%, but by 2001 it rose to 74% with the number of urban population 105.6 million people.
The greatest absolute reduction in the urban population occurred in the central (387 thousand people). Far Eastern (368 thousand people) and West Siberian (359 thousand people) regions. At the rate of reduction intensity, Far Eastern (6.0%), northern (5.0%) and West Siberian (3.2%) areas are leading. In the Asian part of the country, the absolute losses of the urban population as a whole are more than in European (836 thousand people, or 3.5%, compared with 626 thousand people, or 0.7%).
The growth trend of the urban population was preserved until 1995. Only in the Volga, Central Chernozem, Ural, North Caucasus and Volga-Vyatka districts, and in the last two areas of the urban population for 1991-1994. It was minimal.
Maintenance causes of reducing urban population in Russia:
- the changed ratio of migration flows arriving in urban settlements and dropping out of them;
- reduction B. last years The number of urban-type settlements (in 1991 their number was 2204; by the beginning of 1994 - 2070; 2000. - 1875; 2005-1461; 2008 - 1361);
- negative natural population growth.
Russia imposed its mark not only to the ratio of urban and rural population in the territorial section, but also on the structure of urban settlements.
Population of the cities of Russia
The city in Russia can be considered a settlement whose number exceeds 12 thousand people and more than 85% of whose population is occupied in non-agricultural production. The functions are distinguished by the city: industrial, transport, scientific centers, resort cities. The population of the city is divided into small (up to 50 thousand inhabitants), the average (50- 100 thousand people), large (100-250 thousand people), large (250-500 thousand people), the largest (500 thousand. - 1 million people) and Millionaire City (population of over 1 million people). G.M. Lappo highlights the category of semiconductors with the number of residents from 20 to 50 thousand people. The capital of the republics, edges and regions perform several functions - these are multifunctional cities.
To Great patriotic War There were two millionaire cities in Russia, in 1995 their number increased to 13 (Moscow, St. Petersburg, Nizhny Novgorod, Novosibirsk, Kazan, Volgograd, Omsk, Perm, Rostov-on-Don, Samara, Ekaterinburg, Ufa, Chelyabinsk).
Currently (2009) in Russia there are 11 millionaire cities (Table 2).
A number of the largest cities of Russia, which have a population of more than 700 thousand, but less than 1 million, - Perm, Volgograd, Krasnoyarsk, Saratov, Voronezh, Krasnodar, Togliatti are sometimes referred to as submillioners cities. The first two of these cities that were at one time millionaires, as well as Krasnoyarsk are often called millionaires in journalism and semi-official.
Most of them (except Tolyatti and partly Volgograd and Saratov) are also interregional centers socio-economic development and attraction.
Table 2. Millionaires of Russia
IN major cities Russia has more than 40% of the population. Multifunctional cities grow very quickly, satellite cities appear next to them, forming urban agglomerations.
Millionaire cities are centers of urban agglomerations that additionally characterize the humanity and significance of the city (Table 3).
Despite the advantages of large cities, their growth is limited, as it arise difficulties in providing cities with water and housing, supplying the growing population, preserving green arrays.
Rural population of Russia
Rural settlement is the distribution of residents in the countryside in rural areas. At the same time, the rural area is considered the entire territory located outside urban settlements. At the beginning of the XXI century. Russia has about 150 thousand Sel settlementsIn which about 38.8 million people live (census data 2002). The main difference between rural settlements from the city - the occupation of their inhabitants is predominantly agriculture. In fact, in modern Russia, only 55% of the rural population is engaged in agriculture, the remaining 45% work in industry, transport, non-productive sphere and other "urban" sectors of the economy.
Table 3. City agglomeration of Russia
The nature of the settlement of the rural population of Russia varies on natural zones depending on the conditions economic activity, national traditions and customs living in those regions of peoples. These are villages, stages, farms, aules, temporary settlements of hunters and reindeer breeders, etc. The average density of the rural population in Russia is approximately 2 people / km 2. The highest density of the rural population was marked in the south of Russia in the Pre-Bureau (Krasnodar Territory - more than 64 people / km 2).
Rural settlements are classified depending on their size (population) and functions performed. The average size of the rural settlement in Russia is 150 times less urban. In size, the following groups of rural items are distinguished:
- the smallest (up to 50 inhabitants);
- small (51-100 inhabitants);
- average (101-500 inhabitants);
- large (501-1000 inhabitants);
- the largest (over 1000 inhabitants).
Almost half (48%) of all rural settlements of the country are the smallest, but they live 3% of the rural population. The greatest share of rural residents (almost half) live in the largest settlements. Special big sizes Rural settlements are distinguished in the North Caucasus, where they spread over many kilometers and are up to 50 thousand inhabitants. The share of the largest settlements in the total number of rural is constantly increasing. In the 90s of the XX century. The villages of refugees and temporary immigrants appeared, cottage and country villages grow in the suburbs of large cities.
According to the functional type, the overwhelming part of rural settlements (more than 90%) is agricultural. Most non-agricultural settlements are transport (about railway stations) or recreational (near sanatoriums, rest houses, other institutions), also industrial, logging, military, etc.
Inside an agricultural type, settlements are highlighted:
- with a significant development of administrative, serving and distribution functions (district centers);
- with local administrative and economic functions (rural administration centers and central estates of large agricultural enterprises);
- with presence of large agricultural production (crop crews, animal farms);
- without manufacturing enterprises, with the development of only personal subsidiary farm.
At the same time, the size of settlements is naturally decreasing from rural regional centers (which are the largest) to settlements without industrial enterprises (which are usually small and the smallest).
Rural settlement Represents one or more united common areas of rural settlements (villages, villages, villages, farms, kislakov, aulov, etc.).
Urban settlement - This is a city or village with an adjacent territory. As part of the urban settlement there may be rural settlements that are not rural settlements (municipalities). The number of residents in such rural settlements should be, as a rule, less than 1 thousand people.
1. The local settlement issues include:
1) formation, approval, execution of the settlement budget and control over the execution of this budget;
2) establishment, change and cancellation of local taxes and settlement fees;
3) possession, use and disposal of property in the municipal ownership of the settlement;
4) organization within the boundaries of the settlement of electro-, heat, gas and water supply of the population, drainage, supplying the population of fuel;
6) providing low-income citizens living in the settlement and in need of improving housing conditions, residential premises in accordance with housing legislation, organization of construction and maintenance of the municipal housing stock, creating conditions for housing construction;
7) the creation of conditions for the provision of transport services to the population and the organization of transport service of the population within the settlement boundaries;
8) participation in the prevention and elimination of consequences emergency situations within the settlement borders;
9) Providing primary measures fire safety within the boundaries of settlements of the settlement;
10) creating conditions for providing residents of settlement services of communication, catering, trade and domestic services;
A rural settlement is one or more united common territory of rural settlements (villages, villages, villages, farms, kislakov, aules and other rural settlements).
The urban settlement is a city or village with a surrounding area (a rural settlements that are not rural settlements may also be located as part of the urban settlement). Territory of Subject Russian FederationWith the exception of territories with low population density, delimited between settlements.
The settlement of urban type (except for the cities of the federal value) is endowed with the status of settlement, regardless of the population and size of the territory.
Rural settlements are formed in more complex rules.
1. The population of the rural settlement cannot be less than 1 thousand people.
2. The rural settlement with a population is less than 1 thousand people, as a rule, is part of the urban or rural settlement.
3. The borders of the settlement, which consists of two or more settlements, are established taking into account the pedestrian accessibility to the administrative center of the rural settlement and back during the working day for residents of all settlements that are part of the settlement. These requirements in accordance with the laws of the constituent entities of the Russian Federation may not be applied in the establishment of the boundaries of municipal areas in areas with low population density and in hard-to-reach locations.
4. The settlement is part of one municipal district. Of the indicated rules there are exceptions.
1. In the territories with high density Population The minimum population of the rural settlement is 3 thousand people.
2. In accordance with the laws of the Russian Federation, the status of a rural settlement, taking into account the density of the population of the Russian Federation and the availability of the territory of the settlement, a rural settlement may be given with a population of less than 1 thousand people.
3. A rural settlement with a population of less than 100 people located on the territory with low population density or in a hard-to-reach area, can directly enter the area if such a decision is made at the occurrence of citizens living in the relevant settlement.
The territories with low population density include territories of the constituent entities of the Russian Federation, individual municipal regions in the constituent entities of the Russian Federation, the population density of rural settlements in which more than three times lower than the average population density of rural settlements in the Russian Federation. The list of constituent entities of the Russian Federation, individual municipal regions in the constituent entities of the Russian Federation, whose territories refer to territories with low population density, is approved by the Government of the Russian Federation
The territories with high population density include territories of the constituent entities of the Russian Federation, individual municipal regions in the constituent entities of the Russian Federation, the population density of rural settlements in which more than three times higher than the average population density of rural settlements in the Russian Federation.
If the population of rural settlements, which are municipal settlements, is less than 500 people, and in territories with high population density - less than 1500 people, local governments, organs
state power of the constituent entities of the Russian Federation, federal government bodies are obliged to initiate a procedure for changing the settlement boundaries.
City and rural settlements represent a kind of municipalities in the Russian Federation. Local self-government is carried out directly by residents or through elective and other authorized bodies. Consider more O. the relationship of rural settlements.
general characteristics
Rural settlements - One or more points of the United General Territory. Their composition can be villages, villages, villages, villages, farm, aules, villages, etc.
Rural settlements are implemented on the basis of the Constitution and federal legislation through the authorities. The authority of these structures includes the solution of questions about:
- formation of the local budget;
- management of municipal property;
- independently defining the structure of local government institutions;
- territorial organization of self-government;
- protection of public order, etc.
Features of administrative-territorial units
Rural settlements Provided in FZ No. 131 and introduced in the process of municipal reform 2003
Quite often, the settlements correspond to the Soviet Tensive Tenses either by the Masks of Post and Cultivattime. For example, in Pskov district rural settlement called "Truyshan parish". In some regions, the term "village council" is used today. Moreover, in some regions rural settlements So called. For example, the Novinsky village council in the Bogorodsky district of the Nizhny Novgorod region.
Population size
Territory rural settlementAs a rule, includes one locality or village. The number of citizens living in them exceeds 1 thousand people. If the territory is characterized by a high density of settlement, then it can live more than 3 thousand people.
Rural settlements They can combine several settlements, if the population is less than a thousand or 3 thousand (for territories with dense population).
In general, 15-20 thousand people can accommodate in the administrative unit. In Russia, however, there are rural settlements and with more (more than 30 thousand people) with numbers. So, in 2013, more than 60 thousand people lived in Ingushetia in the Ordzhonikidze settlement.
Structural features
The rural settlement has an administrative center. They are a settlement in which a representative body is located. The administrative center is determined taking into account the current infrastructure and local traditions.
The boundaries of the settlement, which includes 2 and more settlements, is usually established taking into account the pedestrian accessibility to the administrative center and back for all residents. The distance in both ends should be overcome in one day. An exception can be territory with a small population density, hard-to-reach and remote areas.
Settlement as a specific organizational form
In different states there are the most different definitions of rural settlements. This or that interpretation depends on the economic, national, demographic, geographical, social and other factors.
"A rural settlement is a settlement located in where most residents are busy with agriculture."
A more accurate concept is revealed in modern geographic encyclopedias. A generalized rural settlement is considered as:
- settlement, most of whose residents are engaged in agriculture;
- the non-agricultural settlement in rural areas, not corresponding to the population of the city, related to the service of transport outside the cities (pier, connectors, small stations), forestry (cordons, leshozes);
- settlement industrial enterprises, resorts, quarries, recreation areas, etc.
In FZ No. 131, regulating general principles Organizations of territorial self-government also contains the definition of settlement.
Specific features
The concept of a rural settlement appeared when the city is distinted and the village as independent socio-economic units. The appearance and type of settlement reflect the nature of the production relations characteristic of a specific territory.
Together with this, this organizational form imposes an imprint and occupation of residents, natural conditions, national traditions.
Ludith of settlements
It depends on production functions, form of resettlement, territory history. Ludidity objectively reflects the cumulative effect of several factors on the development of a rural settlement. At the same time, this indicator itself does not disclose factors.
The value of the settlement causes certain conditions For life, cultural and domestic service of the population. In this regard, the allocation of types of administrative units in humility has more scientific and practical importance.
General classification of settlements in size
When dividing administrative units to types in humanity, they are distributed to groups from the smallest (1-5 people), to large (from 10 thousand inhabitants). In the typological terms it is necessary to allocate such indicators of the humanity that cause significant qualitative characteristics settlements.
One-friendly - a group that includes items, the number of residents in which does not exceed 10 people.
Small settlements in which there are less than 100 inhabitants depend on the nearby larger settlements. Only in certain villages can create some elements of the social infrastructure of small size. This, for example, a medical center, primary School, club, library, rural store.
With the number of residents in 200-500 people. In the settlement there may also be infrastructure elements, but the same small sizes. Agricultural settlements of such sizes can be the base for any production unit.
With humanity in 1-2 thousand people. There is an opportunity to significantly expand the list of service agencies, increase their size and increase technical accommodation. According to the norms planning and building of urban and rural settlementsIn such territories for 1 thousand inhabitants, a kindergarten is created, a school for 150-160 students, a club for 200 people, a library, stores for 6 slaves. places, Feldsher-obstetric medplex with a small hospital, sports ground, post office with savings kiss, etc.
Most favorable conditions For life in villages with humanity 3-5 thousand people. In such paragraphs, conditions can be created to provide 1 urban level of improvement, cultural and domestic services. Schools, houses of culture, medical institutions are being built for residents, a specialized trading network is created, etc. With regard to production, such settlements often become centers of large farms.
Urban planning: layout and building rural settlements
The overall concept of the development of settlements is given in the Archorage Rules of the SP 42.13330.2011.
As established in the document, it is carried out on the basis of documentation on the territorial planning of the Russian Federation, regions, municipalities. Regulatory base This activity amounted to federal laws, the decisions of the President, government decisions, legislative and other regulatory acts of the constituent entities of the Russian Federation.
City / rural settlements are designed as units of the settlement system of Russia and regions included in it. The task of territorial planning is to determine in the documentation of the appointment of settlements, taking into account economic, social, environmental and other factors in order to ensure the realization of the interests and needs of citizens, as well as their associations.
The projects should provide a rational order of development of settlements. Prospects for expansion and improvement social service Outside the project term. Estimated period Must be up to 20, and a city-planning forecast - no more than 30-40 years.
In the process of developing generalplains, authorized bodies should be guided by the results of the assessment of the natural, architectural, economic and geographical, industrial and social potential of the area.
At the same time:
- Provide the improvement of the sanitary and hygienic and environmental condition of nature, the preservation of cultural and historical monuments.
- Determine the rational directions for the development of the area.
- Consider the prospects for expanding the real estate market.
When planning and building rural / urban settlements, zoning the territory is carried out with the definition of predominant use and restrictions.
§ 4. Composition of the territory of the municipality
In accordance with Article 10 of the Federal Law of October 6, 2003 No. 131-FZ, local government is carried out throughout the Russian Federation in urban, rural settlements, municipal areas, urban districts and in the internal territories of cities of federal significance. For proper orientation in the species and structure of certain municipalities, it is clearly subject to the composition of their territory.
Federal Law No. 131-FZ delimits the concepts of "settlement" and "settlement". The term "settlement" (rural or urban) is the form of an administrative and territorial unit, and the "settlement" (rural or urban) is a kind of municipality. Despite consonance, these are different categories. The municipal formation in its borders may coincide with the boundaries of the administrative and territorial unit, and may not coincide. One municipality may include several administrative-territorial units. In addition, the municipality may include in addition to land settlements and the land adjacent to them, and when it comes to the municipal district, it includes the so-called interface territories, i.e. territories (settlements or land), not included in the structure of low-level municipalities - settlements.
In modern Russia, all types of settlements are systematized in accordance with the all-Russian classifier of administrative-territorial division (OKATO) facilities in which: city; Urban-type settlement; working settlement; resort settlement; Kislak; village council; Celset; somon; volost; Country Council; village of rural type; settlement at the station (village station); railroad station; railway booth; Railway barracks; railway platform; railway track; railway stopping point; railway travel post; railway checkpoint; village; place; village; Sloboda; station; Stanny; Farm; ulus; traveling; collective farm; state farm; Winter.
In the current Law No. 131-FZ, a rural settlement is defined as one or more united common areas of rural settlements (villages, villages, villages, villages, farms, kislakov, auls and other rural settlements), in which local self-government is carried out by the population directly and ( or) through elective and other local governments.
In some subjects of the Russian Federation, the norm of the law, which allows for the possibility of incorporating the territory of urban settlements of rural settlements, was used to include in the city settlement of the territory in the size of the administrative district and giving such a district of the status of the urban district. In the Ivanovo region, for example, 15 districts from 21 were endowed by the status of the urban district. In order to prevent such anomalies from the definition of the urban settlement contained in para. 3 h. 1 Art. 2Zakona, in December 2004 1, it was excluded that the city or the village constituting the urban settlement may be faced with rural settlements that are not rural settlements on it.
The mention of the "adjacent territory" is also excluded from paragraph 5 of Part 1 of Art. 11, which is supplemented with an indication that the territory of the urban settlement may include territories intended in accordance with the General Plan of the Urban settlement for the development of its social, transport and other infrastructure, including the territories of settlements and rural settlements that are not municipalities. Unlike the initial, the new edition of this paragraph allows for the possibility of existence on the territory of the urban settlement not only rural settlements, but also villages. Thus, in this case, the villages are understood as the destination of urban type.
Accordingly, now in the current Law No. 131-FZ, the urban settlement is defined as a city or village, in which local government is carried out by the population directly and (or) through elective local governments.
Another amendment made to the Federal Law No. 131-FZ is associated with an unnecessarily strict rule contained in the initial text of the law, that only one rural settlement with the number of residents of more than 1,000 people can be located within the borders of the rural settlement, and (or) The combined one territory several rural settlements with a population of less than 1,000 people each (for territories with high population density - less than 3,000 people each). Meanwhile, there were situations when there were two or three villages on a compactly populated area with a population of 1050, 1100 or 1150 people and there was no managerial and economic feasibility their division into independent municipalities. Therefore, in December 2004, 2 p. 6 h. 1 Art. 11 was changed, and now it establishes that the structure of a rural settlement may include, as a rule, one rural settlement or settlement with a population of more than 1000 people.
These, like some others, the amendments once again prove that the rigid quantitative parameters of the territorial device are not justified and are usually corrected by the practice of their use. At least flexible laws No. 131-FZ as a whole are quite flexible in the numerical characteristics of the territories of municipalities, he initially occupied unnecessaryly solid positions. It was in these issues that adjustments were required towards softening them. regulatory regulation 1 .
Consider more each type of municipality.
Rural settlement. According to Article 2 of the Federal Law No. 31-FZ, the rural settlement is one or several united common areas of rural settlements (villages, villages, villages, villages, farms, kislakov, auls and other rural settlements), in which local government is carried out by the population directly and (or) through elected and other local governments. Thus, the law in general Definition A rural settlement as a type of municipality considers its territory as consisting of one or several settlements.
However, in Art. 11 of the Law states that the structure of the rural settlement may include, as a rule, one rural settlement or population settlement of more than 1,000 people (for the territory with a high population density - more than 3,000 people) and (or) the united common territory several rural settlements Points with a population of less than 1000 people each (for the territory with a high population density - less than 3,000 people each).
However, with a small population density and large size of the territory, an exception is made. The Federal Law provides that, in accordance with the laws of the Directory of the Russian Federation, the status of a rural settlement, taking into account the population's population density and the availability of the settlement territory, a rural settlement may be made with a population of less than 1,000 people.
To which limits this population can decrease, the federal law does not speak directly. But it allows such extremes: in territories with low population density and in hard-to-reach areas, rural settlement with a population of less than 100 people may not endow the status of settlement and not to enter into settlements, if such a decision is made at the occupancy of citizens living in the relevant inhabited Point. In this case, this settlement is part of the municipal district in the position of the inter-aided territory (i.e., the territory not included in the rural or urban settlements) with low density of the population.
Under settlement The legislation of the subjects of the Russian Federation, as a rule, is understood to be "built-up or subject to development part of the territory within the established boundary, which serves as a permanent or predominant place of residence and livelihoods of people" 2. The boundaries of settlements are set in general Plan Settlements in which they are located. The inclusion of land plots in the boundaries of settlements does not entail the termination of the right of owners of land plots, land users, landowners and tenants of land 1.
Urban settlement. According to Article 2 of the Federal Law No. 31-FZ, the urban settlement is a city or village, in which local self-government is carried out by the population directly and (or) through elective and other local governments. However, from paragraph 5 of Art. 11 of the law it follows: the structure of the urban settlement may include one city or one village, as well as in accordance with the General Plan of the Urban settlement - the territory intended for the development of its social, transport and other infrastructure (including the territories of settlements and rural settlements, not who are municipalities).
In principle, urban settlements are territorial units that were previously called the cities of district subordination, or district significance, i.e. were part of the areas (now - municipal districts), but had self-control, your budget, some institutions and enterprises. The innovations are that the status of the municipality in the form of urban settlement can now be applied in addition to the "district cities" also villages. In addition, the Federal Law allows to include in the composition of the urban settlement. Additional areas, including villages and rural settlements that are not municipalities (in other words, it is necessary to bring them out of some municipality and transfer to this urban settlement) 2.
Municipal district. According to Article 2 of the Federal Law No. 31-FZ, the municipal district - several settlements or settlements and the interior territories, united by a common territory, in the borders of which local government is carried out in order to solve issues of local importance in the population directly and (or) through election and other bodies local governments that can carry out individual government powers transmitted by local governments by federal laws and laws of the constituent entities of the Russian Federation.
Thus, the municipal district can be represented as an education consisting:
from rural settlements (most often it is mostly in rural areas, in agricultural districts);
from rural and urban settlements (this is typical for localities with developed industrial infrastructure, especially adjacent to large cities);
from rural and urban settlements and interior areas that are not part of the settlements, i.e. "Directly" consisting in the municipal district (more often it happens in areas with low population density).
The boundaries of the municipal district are established taking into account the need to create conditions for the decision of the local importance of an inter-settlement nature of the local governments of the municipal district, as well as for the implementation of individual public authority through the municipal district, transferred to these bodies by federal laws and the laws of the subjects of the Russian Federation;
To determine the boundaries of such municipalities such as rural settlements and municipal regions, the Federal Law 2003 proposes to be guided according to the criteria for the pedestrian and transport accessibility of their administrative center for residents.
The borders of the rural settlement, which consists of two or more settlements, as a rule, are established taking into account the pedestrian accessibility to its administrative center and back during the working day for residents of all settlements, which are included in its composition, and the boundaries of the municipal district - including transport accessibility to its administrative center and back during the working day for residents of all settlements that are part of its composition. These requirements in accordance with the laws of the constituent entities of the Russian Federation may not be applied in territories with low density of the rural population, as well as in remote and hard-to-reach areas.
Urban district. According to Article 2 of the Federal Law No. 31-FZ, the urban district - the urban settlement, which is not part of the municipal district and whose local governments are authorized to solve the issues established by this Federal Law of the local importance of settlements and issues of local importance of the municipal district, and may Conduct individual government powers transmitted by local governments by federal laws and laws of constituent entities of the Russian Federation.
The definition in the law of the urban district is not entirely successful in the fact that the urban district is called the urban settlement, thereby given a reason to consider them similar to each other. In fact, the similarity between the urban district and the urban settlement is possible only that the settlement, and the district can be represented by the same settlement - the city (the law allows to obtain the status of the urban settlement even the village, however, it is unlikely that the village is hardly the opportunity to become urban district). The differences are that: a) the city applying to the status of the urban district comes out of the municipal district, ceases to consist in the area; b) the urban district as a new municipality acquires the right to receive individual government powers 1.
Usually, the status of the urban district receives large cities that are "closely" in the area. In the Federal Law 2003 (Part 2 of Art. 11) states: Employment of the urban settlement by the status of the city district is carried out by the Law of the Directory of the Russian Federation in the presence of a current social, transport and other infrastructure necessary for an independent decision by local self-government authorities of the local government issues established by this law of local issues The values \u200b\u200bof the urban district and the implementation of individual government powers transferred to these authorities by federal laws and the laws of the constituent entities of the Russian Federation.
If strictly proceed from this form (part 2 of article 11), the yield of the city should not become a "catastrophe" for the relevant area. The law says that there must be a current social, transport and other infrastructure necessary for an independent decision by local governments of the adjacent (adjacent) municipal district (municipal regions) of the local regions of the municipal district and the implementation of individual government powers established by this law. Transferred by the indicated authorities by federal laws and the laws of the subjects of the Russian Federation.
Moreover, the federal law does not exclude that the settlement, acquiring the status of the urban district, will remain the center of the district: paragraph 10 of Part 1 of Art. 11 states that the administrative center of the municipal district can be considered the city (village), which has the status of the urban district and located within the boundaries of the municipal district.
The practice of implementing the Federal Law revealed such a feature as the desire of large cities to leave "for free bread" from the districts, "grabbing" with them a considerable number of settlements and rural settlements, and lands adjacent to them. The desire is understandable: the development of the urban district may require territories for industrial and civil construction. In some cases, city districts include settlements and land, located at a distance of 20-30 km from the main city of the relevant urban district. Essentially, such an urban district differs little from the municipal district, with the difference that localities included in the urban district are not municipalities and are referred to as territorial units, microdistrict. However, the population itself is not always interested in the transition from the "rural" status in the "urban", since in a number of areas (for example, tariffs for utilities etc.) rural residents have benefits that are not urban residents.
In accordance with Articles 80 and 81 of the Federal Law No. 131-ФЗ, the status of the urban district is endowed with territories with the status of sciences and closed administrative-territorial entities.
Intorcian territory of the city of federal significance. According to Article 2 of the Federal Law No. 31-FZ, the internal territory of the city of federal significance is part of the territory of the city of federal significance, within the boundaries of which local self-government is carried out by the population directly and (or) through elective and other local governments.
As you know, in the Russian Federation there are two cities of federal significance - Moscow and St. Petersburg, which are simultaneously the subjects of the Russian Federation. Of course, along with them there are many major cities, mainly administrative centers of the constituent entities of the Russian Federation, which have a greater population (more than a million inhabitants) and division into intracity regions. On the previously operating law on August 28, 1995, the creation of local self-government was allowed in such areas, i.e. They were municipalities. Now it is prohibited, the municipality is the city as a whole. Areas of cities become administrative and territorial units. They cannot be created and accordingly to elect representative bodies of the municipality - district meetings of deputies, heads of districts. Manages the area, as a rule, the head of the district, appointed in the manner prescribed by the Charter of the city, often appoints the head of the city as a municipality (urban district) or the head of the city administration. The head of the district is the employees of the city administration.
In conclusion, it should be noted that in the Federal Law 2003 the composition of the territory of the municipality is not in detail. It only indicates the requirements for determining the boundaries of municipal entities, which will be discussed in the next part of the manual. It can be argued that the composition of the territory of the municipality is based on the principle of unity, since the legislation does not allow the rupture of the land plot belonging to any land user, municipal or administrative boundaries.
The consistent approach to the definition of the territorial basics of the organization of local self-government undoubtedly requires the determination of certain criteria for determining the organization on the specific territory of a particular type of municipality. It seems that these criteria can be:
1) the number and density of the population;
2) the length of the territory and security of the municipality of land resources;
3) the nature of the territory (urban or countryside);
4) the presence of conditions for self-solving local issues. In other words, the socio-economic potential of the territory that ensures the real possibility of the population on its own and under its responsibility to solve local issues (the volume and composition of the sources of tax revenues, the level of development of the social sphere and the infrastructure of the territory, etc.);
5) the opinion of the population of the relevant territory is its main subject of self-government in the relevant territory.
The status of a rural settlement receives one or more united common areas of rural settlements, taking into account the following criteria:
A) Criterion for population population:
A rural settlement is one rural settlement (village), if its population is more than 1000 people (for the territory with a high population density - more than 3,000 people) (P.6 Part 1 of Article 11 of FZ No. 131);
Rural settlement - several rural settlements, united by a common territory, if the population in each of them is less than 1000 (for the territory with a high population density - less than 3000 people) (P.6 Part 1 of Article 11 of FZ No. 131);
Exception: A rural settlement - rural settlement with a population of less than 1000 people, taking into account population density of the subject of the Russian Federation and the availability of the territory of the settlement (paragraph 8 of Part 1 of Article 11 of FZ No. 131).
Lecture: For a rural settlement, the base point is the number. Not every territorially combined community may apply for the status of the municipality. i.e. in this case, the population of the population should be more than 1000 people (in some localities this requirement is increased). When this requirement does not apply - see above.
Again, within the framework of the territory there must be at least one rural settlement, i.e. the population should be geographically united. If the population in the territory is overly dispersed and the settlement is not formed, then it is problematic to say that this territory claims to receive the status of a rural settlement.
B) the accessibility criterion for the administrative center of the rural settlement:
Pedestrian availability to the administrative center of the settlement and back during the working day for residents of all settlements, which are included in its composition: The exceptions are the territory with a low density of the rural population, remote and hard-to-reach areas (paragraph below. 1 of Article 11 of the Federal Tax .
Lecture: Criterion for transport accessibility. This is one of the most uncertain criteria (as well as infrastructure sufficiency). In fact, it is impossible to say that they did not try to think about the municipal themselves and in the subject of the Russian Federation. In this regard, the State Duma received a number of appeals, according to which an explanation was requested from the State Duma:
Let's start with the fact that transport accessibility is the category that is not defined in the law. In general, it should be noted that the 131-FZ in principle does not indulge the terminology and in this sense the concept of the law is that it does not understand the categories that are used terrible in it.
The question arose how to determine the transport accessibility? That is, whether it is about the availability of the administrative center with means of route transport or public transport. In this regard, a particular request was the question that rural settlements included in the municipality are not sufficiently provided with route transport. How does it apply to the accessibility criterion, it is observed or not? For what the State Duma Gave a simple, but brilliant answer: the criterion in essence is a recommendatory nature, and local government should contribute to the development of route transport.
As this criterion understood in another MO. There they tried to mathematically calculate the transport accessibility and take the speed of the pedestrian movement as a basis. And in this regard, a question arose to GD - which speed of the pedestrian movement should be taken as a basis when calculating transport and pedestrian accessibility to the center of the municipality. The problem is the following - the pedestrian speed differs of different agesHow to count distance (whether the pedestrian availability is counted, according to which a pedestrian will go or count on a geographical principle - take the map, connect two settlements direct, measure the distance between them and it is still 5 km of swamps). In this regard, the State Duma gave an answer - the requirements of paragraph 11 of Part 1 of Art. 11 are a recommendatory nature, so no calculations are required.
è The legislator himself does not represent that he installed.
Low and high density areas of the population
TO high density territories population include the territories of the constituent entities of the Russian Federation, individual municipal districts, the density of the rural population in which more than three times higher than the average density of the rural population in the Russian Federation (Part 4 of Article 11 of FZ No. 131)
TO low density areas The population includes the territories of the constituent entities of the Russian Federation, individual municipal districts, the density of the rural population in which more than three times lower than the average density of the rural population in the Russian Federation (Part 3 of Article 11 of FZ No. 131)
! Order of the Government of the Russian Federation of May 25, 2004 No. 707-P "On approval of lists of the constituent entities of the Russian Federation and individual regions of the subjects of the Russian Federation (in the existing borders) relating to territories with low or high population density"
Municipal district.
Composition of the territory of the municipal district
Municipal regions Include the territories of urban and rural settlements, with the exception of urban districts, as well as interface (paragraph 2 of Part 2 of Article 1 of FZ No. 131). In addition, the composition of the municipal district can directly include settlements in areas with low population density and in hard-to-reach localities with a population of less than 100 people who are not endowed with the status of a rural settlement and are not part of the settlement, if the decision on the direct entry into the area is accepted on Makers of citizens living in the relevant settlement (P.9 Part 1 of Article 11 of FZ No. 131)
Lecture: These are the territories of mixed composition and complex. They include both rural and city settlements, may also include only rural or only urban settlements. In addition, they include territories that do not have the status of MO, so-called. Interior areas - they come directly into the municipal area and in this regard, the population that lives in inter-aided territories has access to local self-government.
Criteria for determining the boundaries of the municipal district (MR)
C.11 Part 1 of Article 11 of the Federal Law No. 131:
The need to create conditions for solving the issues of local importance of an inter-severity, as well as for the implementation of individual state powers transmitted by the laws (infrastructure sufficiency) throughout the MR
Transport accessibility to the administrative center of the municipal district and back during the working day for residents of all settlements included in the area (the exception is the territory with low density of the rural population, remote and hard-to-reach areas) (transport accessibility)
That is, we have norms, some requirements, but they do not allow the territory suitable Status, i.e., with sufficient confidence today, we cannot say that this territory is the urban district, this is the urban settlement, but this is the municipal district.
The concept of the law is such that the maximum number of territory of the Russian Federation is covered by municipal districts and should be the maximum territorial coverage of the two-level system of local self-government. Therefore, we have municipal districts - all that can only be (regardless of what we have with transport accessibility, infrastructure).
There were constituent entities of the Russian Federation who tried to bypass this situation. It was Kaliningrad. He went on a very interesting way - he became all municipalities to endow the status of the urban district and the two-level model of local self-government established by law, bypass. From the point of view of the rationality of this idea, it is possible to raise the question that far from all territories meet the requirements that are presented to the urban district. In this regard, it logically suggests that the subject of the Russian Federation is limited in the choice of model of local self-government - today the subject of the Russian Federation has no right to choose, everywhere there should be a two-level model, urban districts - it is more like an exception.
Administrative center
Administrative Center of the Municipal District - The settlement in which the location of the ISU of the Division is determined, and, above all, the district representative body is established by the Law of the Directory of the Russian Federation: the status of the administrative center can also be given the city (village), which has the status of the urban district and located within the boundaries of the municipal district ( . 10 Part 1 of Article 11 of FZ No. 131).
We are talking About the settlement. Municipal district is always a few settlements. Based on this, in order to decide on the issue where the authorities of the municipal district are, it is necessary to establish what is an administrative center.
What is the problem in this situation.
1. We have already noted that when using the term "administrative center" there is a mixing of such categories as an administrative-territorial device and a municipal and territorial device.
2. The administrative center of MR is the urban district located within the boundaries of the municipal district. That is, it seems that we say that the urban district is the MO of the same level as MR. But we turn out that the administrative center of one municipality is located in another municipality of the same level. In essence, this situation tells us that the status of the urban district is reduced in connection with this, although in theory it should not be happening. As for the logic of finding the administrative center of one public unit on the territory of another public unit, we have at the level of the subjects of the federation - the public authorities of the Leningrad region are in St. Petersburg. Just historically developed that the city of Leningrad, and then St. Petersburg, was the center of a certain territory and in this context the situation that is described in the law is most likely due to the fact that the municipality that received the status of the urban district, in due time too accumulated powerful functions in relation to both its territory and the territory that has become a municipal area. Or a different situation - when the municipal district consists of such a number of settlements, and small, and none of them can claim the status of the administrative center.
The specificity of municipalities in the GFZ.
Types of intracity territories of cities of federal significance
In St. Petersburg 111 internal municipalities:
81 Municipal District,
9 cities,
21 settlements (only 111 municipalities),
Wedway: Located within 18 administrative regions of St. Petersburg, representing the territorial level of urban government
(Article 2, 7 of the Law of St. Petersburg No. 411-68)
In Moscow: 125 VGT GFZ within the boundaries of 123 districts and 10 JSC
(Law of the city of Moscow No. 59 of October 15, 2003 "On the names and borders of Intorodsky municipalities in the city of Moscow")
In GFZ, there is no second level of local government. For the GFZ, nothing like Alya is not the municipal area. The municipal district is a primary link, as well as the city and village. Do not confuse Municipal District and Municipal District. These 111 MO are located in the territory of 19 administrative districts of St. Petersburg. The administrative region is the level of state power of the subject of the Russian Federation.
Municipal territorial transformations in the transition period (OKT.2003 - March 2005)
Employed by the status of previously existing and newly educated modes of the laws of the constituent entities of the Russian Federation (WI.: 1757 laws on October 1, 2006; Leningrad region: 18 laws)
The abolition of MO, the existence of which did not comply with the requirements of FZ No. 131
Changing borders and conversion of MOs that existed on 8.10.2003
! Collisses arising from the application of the specified procedures in practice
Transformation of municipalities
Transformation of municipalities - procedures related to a change in the status of existing municipalities (may be associated with changes in boundaries).
We are talking about changing the status of existing municipalities. This status change can be associated with a change in boundaries.
Types of MO transformations
BUT. Combining municipalities - The merger of two or more municipal formations of one level, as a result of which previously existing municipal entities cease to exist, and on their territory a new municipality is created, or the accession of the municipal structure of the lower level (settlement) to the urban district, as a result of which the settlement loses the status of the municipal Education
B. Separation of municipalities - transformation by dividing the municipality, as a result of which two or more municipal entities are formed, and the divided municipality ceases to exist
The following types of transformations are associated purely with the status.
IN. Changing the status of urban settlement in connection with the endowment of its status of the city district - Transformation of the urban settlement and an adjacent municipal district, as a result of which the urban settlement acquires the status of the urban district and is allocated from the municipal district
G. Changing the status of urban settlement due to the deprivation of its status of the urban district - Transformation of the urban district and an adjacent municipal district, as a result of which the urban district acquires the status of the urban settlement and is included in the municipal district
Forms of transformations that are in the law are:
Conversion associated with
1. Combining settlements within one municipal district (i.e. it was, conventionally speaking, three settlements in one municipal district, two united in one - as a result of the settlements within the municipal district there were two)
2. Association of the urban district and settlement.
3. Combining municipal districts
MO transformation by separation
1. Separation of settlements for two or more settlements
2. Separation of MR into two or more municipal areas
Changing the status of MO
1. Transformation of urban settlement and in the urban district
2. Transformation of the urban district to the urban settlement.
The abolition of MO - the law focuses on the abolition of rural settlements. With the abolition of urban settlements there are problems in terms of legal regulation.
And now what in the law is not:
1. It is impossible to combine settlements of various municipal districts. That is, on the one hand, the municipalities have a certain freedom within the framework of territorial transformations (if two settlements decide to unite in the framework of one municipal area, they agreed, the opinion of the population will be taken into account, etc., who will prevent them; in essence; this is their business), but if these settlements are located in the territory of two different municipal districts, then no one will create a municipality that would be simultaneously in the borders of two municipal districts - we do not allow this conversion in law and not Mentioned.
2. Association of urban districts. It is not clear why two municipalities can be combined, and two urban districts cannot be united.
3. The law does not have an union of the municipal district and all its settlements in the Unified City District, that is, in one action it is impossible to move from the municipal district in the urban district (even if there is a desire and consent of all residents of municipalities that are part of municipal district). Through multiple transformations, it is still possible, but in any action.
4. The law does not have such a form as the division of the urban district into two or more urban districts. Why - not clear.
5. It is impossible, based on the absence of the norms of the law, divide the urban district to the municipal district and the settlements included in it. In this action, this is not done in any way.
6. The law does not mention the transformation of the urban settlement in the rural and rural settlement to the city (and after all, rural settlements may be made by the status of urban settlement).
è law provides far from all the forms of territorial transformations that are necessary.
Stages of transformation, abolitions, changes in the boundaries of municipalities
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