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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 5, 2013 No. 43-FZ

About features of regulation of separate legal relationship in connection with accession to the subject of the Russian Federation - to the federal city of Moscow of the territories and about modification of separate legal acts of the Russian Federation

(as amended on 05-04-2021)

Accepted by the State Duma on March 22, 2013

Approved by the Federation Council on March 27, 2013

Chapter 1. General provisions

Article 1. Subject of regulation and coverage of this Federal Law

1. This Federal Law governs the relations arising in connection with accession according to the resolution of the Federation Council of Federal Assembly of the Russian Federation of December 27, 2011 N 560-SF "About approval of change of border between subjects of the Russian Federation by the federal city of Moscow and the Moscow region" since July 1, 2012 to the subject of the Russian Federation - to the federal city of Moscow of the territories (further - the attached territories).

2. Provisions of this Federal Law are applied to the relations arising by preparation and approval of documentation on the layout of the territory, reservation of lands, seizure of land and (or) other real estate units, provision of the parcels of land, establishment of servitudes for placement in the attached territories of objects of federal importance and objects of regional value providing realization of national objectives in the field of development of engineering, transport and social infrastructures, other national objectives and included in the lists specified in article 2 of this Federal Law.

3. Preparation and approval of documentation on the layout of the territory, reservation of lands, seizure of land and (or) other real estate units, provision of the parcels of land, establishment of servitudes for placement in the attached territories of objects of federal importance or regional value specified in part 2 of this Article are performed by rules of this Federal Law till January 1, 2030.

Article 2. Approval procedure of the list of the objects of federal importance which are subject to placement in the attached territories and the list of the objects of regional value which are subject to placement in the attached territories

1. For the purpose of ensuring sustainable social development of the attached territories the Government of the Russian Federation approves the list of the objects of federal importance which are subject to placement in the attached territories to which features of preparation and approval of documentation on the layout of the territory, reservation of lands, seizures of land and (or) other real estate units, provisions of the parcels of land, establishments of servitudes provided by this Federal Law are applied. The specified list can be changed according to the procedure, established for its approval.

2. For the purpose of ensuring sustainable social development of the attached territories the supreme executive body of the government of the subject of the Russian Federation - the federal city of Moscow approves the list of the objects of regional value which are subject to placement in the attached territories to which features of preparation and approval of documentation on the layout of the territory, reservation of lands, seizures of land and (or) other real estate units, provisions of the parcels of land, establishments of servitudes provided by this Federal Law are applied. The specified list can be changed according to the procedure, established for its approval.

Article 3. Delegation of power of the Russian Federation to the subject of the Russian Federation - the federal city of Moscow in connection with placement of objects of federal importance

1. For placement of the objects of federal importance specified regarding the 2nd article 1 of this Federal Law (except for objects of transport infrastructure), the Russian Federation transfers for implementation to the subject of the Russian Federation - the federal city of Moscow from the date of entry into force of this Federal Law of power:

1) connected with reservation of lands for federal needs, including with preparation and decision making about reservation of lands;

2) connected with withdrawal for federal needs of the parcels of land and (or) other real estate units for placement of these objects of federal importance, including with decision making about seizure of land and (or) other real estate units, the notification of the corresponding owners on the forthcoming withdrawal, preparation and the conclusion of agreements on seizure of land, filing of applications on state registration of the termination, emergence of the rights to real estate, the appeal to courts with claims for withdrawal of real estate, work by training of the parcels of land;

3) according to the order the parcels of land which are in federal property and necessary for placement of these objects of federal importance and also the parcels of land necessary for provision instead of the parcels of land withdrawn for federal needs, including:

a) the parcels of land by training, and also on refining of borders of the parcels of land for the purpose of their provision for placement of these objects of federal importance, including the address with statements for the cadastral registration and state registration of the rights to the parcels of land, decision making about approval of the scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory (further - schemes of the parcels of land), except for powers on implementation of the state cadastral registration and state registration of the rights to the parcels of land;

b) the parcels of land by training, and also on refining of borders of the parcels of land for the purpose of their provision instead of the parcels of land withdrawn for federal needs and (or) other real estate units, including the address with statements for the cadastral registration and state registration of the rights to the parcels of land, decision making about approval of schemes of the parcels of land, except for powers on implementation of the state cadastral registration and state registration of the rights to the parcels of land;

c) on redistribution of the parcels of land which are in federal property, other parcels of land, and also lands which are in state-owned property;

d) on decision making about provision of the parcels of land necessary for placement of these objects of federal importance, or the parcels of land necessary for provision instead of the parcels of land withdrawn for federal needs and (or) other real estate units;

e) according to the conclusion of lease agreements of the parcels of land, purchase and sale of the parcels of land, free use by the parcels of land which are necessary for placement of these objects of federal importance, or the parcels of land necessary for provision instead of the parcels of land withdrawn for federal needs and (or) other real estate units;

4) on establishment and the termination of servitudes concerning the parcels of land necessary for placement of these objects of federal importance;

5) on decision making about preparation of documentation on the layout of the territory for placement of these objects of federal importance, and also on its preparation and approval;

6) on decision making about the termination of the rights to real estate units;

7) in the direction of notifications on agreement cancelation of lease and agreements of free use.

2. The federal executive body authorized by the Government of the Russian Federation:

1) publishes regulatory legal acts concerning implementation of delegated powers;

2) exercises control of efficiency and quality of implementation by executive bodies of the subject of the Russian Federation - the federal city of Moscow of delegated powers. The procedure of control of efficiency and quality of implementation by executive bodies of the subject of the Russian Federation - the federal city of Moscow of delegated powers affirms the federal executive body authorized by the Government of the Russian Federation according to the rules established by the Government of the Russian Federation;

3) has the right to direct instructions, obligatory for execution, about elimination of the revealed violations, including about cancellation of legal acts of executive bodies of the subject of the Russian Federation - the federal city of Moscow, delegated powers, and also idea of discharge accepted with violation of the law of the Russian Federation in case of realization from position and (or) about attraction to disciplinary responsibility, including about dismissal, the officials responsible for non-execution or improper execution of delegated powers;

4) approves form of submission of the reporting on implementation of delegated powers, in case of need establishes target forecast indicators.

3. The management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) - the federal city of Moscow:

1) appoints to position and dismisses heads of executive bodies of the subject of the Russian Federation - the federal city of Moscow, performing delegated powers;

2) approves structure of executive bodies of the subject of the Russian Federation - the federal city of Moscow, performing delegated powers;

3) will be organized by activities for implementation of delegated powers in accordance with the legislation of the Russian Federation;

4) is provided by timely submission of the reporting on implementation of delegated powers in authorized federal executive body in the approved form.

Article 4. Features of preparation and approval of documentation on the layout of the territory for placement of objects of federal importance or regional value

1. The decision on preparation of documentation on the layout of the territory for the placement of objects of federal importance or regional value specified regarding the 2nd article 1 of this Federal Law (except for such objects of federal importance for which placement appropriate authority of the Russian Federation is not transferred to the subject of the Russian Federation - the federal city of Moscow), is accepted by the supreme executive body of the government of the subject of the Russian Federation - the federal city of Moscow or the executive body of the subject of the Russian Federation authorized by it - the federal city of Moscow.

2. Preparation of documentation on the layout of the territory specified regarding 1 this Article, and its approval are performed by the supreme executive body of the government of the subject of the Russian Federation - the federal city of Moscow or the executive body of the subject of the Russian Federation authorized by it - the federal city of Moscow.

3. Documentation on the layout of the territory specified regarding 1 this Article affirms without carrying out public discussions or public hearings.

4. The documentation on the layout of the territory specified regarding 1 this Article and prepared for placement of the objects of federal importance specified regarding the 2nd article 1 of this Federal Law before its approval is subject to coordination with the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of construction, architecture, town planning regarding placement of these objects of federal importance.

5. Consideration term the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of construction, architecture, town planning, documentation on the layout of the territory specified regarding 1 this Article and provided for review cannot exceed thirty working days from the moment of receipt of the specified documentation.

6. In case of not receipt from the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of construction, architecture, town planning, notes to the prepared documentation on the layout of the territory for placement of the objects of federal importance specified regarding the 2nd article 1 of this Federal Law, in time, provided by part 5 of this Article, such documentation on the layout of the territory is considered approved.

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