ru
en
24 (3)
Issue
2024
Archive
Subscription
Free subscription at
the electronic version of journal
Subscription index
in the Russian Post
catalogue –
43669
about
general Information
editorial board
regulations of peer review process
open access policy
archive
authors
archive
for authors
submission guidelines
publication ethics
contacts
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences
ISSN 2686-7206 (Print)
ISSN 2686-925X (Оnlinе)
The Right of Citizens to Participate in the Adoption of Urban planning Decisions in the Russian Federation: Legal Nature and Protection
Kharinov Ilya
The relevance of this study is dictated by the fact that relations in the field of urban planning presuppose the interest of citizens in the formation of urban space, as well as by the fact that the provisions on the need to ensure an appropriate level of public participation have been consolidated in regulatory legal acts emanating from the authorities. The reasoning presented in the article was aimed at establishing the legal nature of the right of citizens to participate in making urban planning decisions, as well as identifying the key problems of its protection within the framework of both judicial procedure and using extrajudicial methods. The article analyzes the constitutional and legal basis of this law, substantiates the correspondence of its essence to the concept of subjective public law, examines the problems of its judicial protection, and also reveals various ways of its protection out of court. The authors come to the conclusion that the protocol and the conclusion on the results of public discussions or public hearings are non-normative legal acts, as a result of which it is possible to file an administrative statement of claim declaring them illegal in accordance with Chapter 22 of the CAS RF, as well as that cases of local referendums, which are subject to issues that can directly affect the adoption of final urban planning decisions, require a positive assessment due to the obligatory nature of the decisions taken by the population. Meanwhile, the prospect of such an extrajudicial method of protecting the right to participate in making urban planning decisions as the cancellation of a municipal legal act issued by local self-government bodies in the order of self-control is interesting.
Keywords: participation of citizens in making town planning decisions; principles of town planning law; public discussions; public hearings; judicial protection; local referendum; survey; cancellation of a municipal legal act by way of self-control
Download article
TPL_IPL_ARTICLE_PDF