ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 20, 2006 No. 702

About approval of Rules of establishment by federal executive bodies of causes of infringement of the legislation on town-planning activities

Based on part 2 of article 62 of the Town-planning code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of establishment by federal executive bodies of causes of infringement of the legislation on town-planning activities.

Approved by the Order of the Government of the Russian Federation of November 20, 2006 No. 702

Rules of establishment by federal executive bodies of causes of infringement of the legislation on town-planning activities

1. These rules determine procedure for establishment by federal executive bodies of causes of infringement of the legislation on town-planning activities during creation of subjects to use of atomic energy (including nuclear installations, Items of storage of nuclear materials and radioactive materials), the hazardous production facilities, communication lines (including linearly - cable constructions) determined in accordance with the legislation of the Russian Federation, others especially dangerous, technically difficult and unique objects, objects, data on which are the state secret, subjects to defense and safety (further - capital construction projects).

These rules are applied in cases when the relations connected with taking measures to safety of construction, the prevention of emergency situations of natural and technogenic nature and liquidation of their consequences in case of territorial planning, town-planning zoning, the layout of the territories, architectural and construction designing (including engineering researches), construction, reconstruction and capital repairs of capital construction projects, are not settled by the legislation of the Russian Federation in the field of protection of the population and the territories against emergency situations of natural and technogenic nature, the legislation of the Russian Federation on safety of hydraulic engineering constructions and the legislation of the Russian Federation on industrial safety of hazardous production facilities, and also technical regulations.

2. Establishment of causes of infringement of the legislation on town-planning activities is performed in case of the damnification of life or to health of physical persons, property of physical persons or legal entities found in case of construction, reconstruction, capital repairs of capital construction projects (harm daleeprichineniye).

3. Causes of infringement of the legislation on town-planning activities are established by the technical commission formed by the federal executive bodies authorized on implementation of federal state construction supervision (further - bodies of the state construction supervision), concerning the corresponding capital construction project.

4. Reason for consideration by body of the state construction supervision of question of formation of the technical commission are:

a) the statement of the physical and (or) legal entity or their representatives about damnification;

b) the notice of person performing construction on emergence of emergency in case of construction, the reconstruction, capital repairs of capital construction project which entailed damnification;

c) the documents of state bodies and (or) local government bodies containing data on the violation of the law on town-planning activities which entailed damnification;

d) the data on the violation of the law on town-planning activities which entailed damnification, received from other sources.

5. The body of the state construction supervision carries out the verification of information, received according to item 4 of these rules, and no later than 10 days from the date of its obtaining makes the decision on formation of the technical commission or refusal in its education.

6. The refusal in formation of the technical commission is allowed in the following cases:

a) lack of performance of works on construction, reconstruction, capital repairs of capital construction project;

b) lack of the harm done physical (physical) and (or) legal (legal) persons;

c) the insignificant extent of the harm done to property of the physical person or legal entity compensated with the consent of this person before decision making about formation of the technical commission.

7. The copy of the decision on refusal in formation of the technical commission within 10 days goes (is handed) body of the state construction supervision to person (body) specified in subitems "an" - "in" item 4 of these rules.

8. Interested persons, and also representatives of physical persons and their associations can take part as observers in work of the technical commission at establishment of causes of infringement of the legislation on town-planning activities.

Interested persons are persons who are determined by the Town-planning code of the Russian Federation as the builder, the customer, person which is carrying out engineering researches, person performing preparation of the project documentation, person performing construction or their representatives, and also representatives of the specialized expert organization in the field of designing and construction.

Interested persons shall in terms, identified by the technical commission, provide it information, necessary for establishment of causes of infringement of the legislation on town-planning activities, including documents, references, data connected with carrying out engineering researches, performance of works on designing, construction, reconstruction, capital repairs concerning capital construction project, and also samples (tests) of the applied construction materials (designs).

9. For the purpose of establishment of causes of infringement of the legislation on town-planning activities the technical commission solves the following problems:

a) determines the fact of violation of the law about town-planning activities, determines being of violations, and also the circumstances which entailed them; in the absence of technical regulations checks observance of the construction regulations and rules, federal regulations and rules of use of atomic energy, safety rules, state standards, other regulatory legal acts of the Russian Federation, including regulating documents of federal executive bodies which are subject to obligatory execution when implementing town-planning activities in the part answering the purpose specified in Item 1 of article 46 of the Federal law "About Technical Regulation";

b) establishes nature of damage suffered and determines its size;

c) establishes cause and effect relationship between violation of the law about town-planning activities and emergence of harm, and also the circumstances specifying guilt of persons;

d) determines necessary measures for recovery of favorable conditions for activity of the person.

10. For the solution of the tasks specified in Item 9 of these rules, the technical commission has the right to hold the following events:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info