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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 18, 2017 No. 594

About approval of Rules of coordination of withdrawal for the state or municipal needs for the purpose of complex development of the territory of the parcels of land and (or) the real estate units located on them which are in property of the Russian Federation, the subject of the Russian Federation, municipal property, in borders of the territory on which the decision on complex development of the territory of the housing estate, complex development of the territory of non-residential building is made

(as amended of the Order of the Government of the Russian Federation of 14.07.2021 No. 1185)

According to Item 3 of Article 56.12 of the Land code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of coordination of withdrawal for the state or municipal needs for the purpose of complex development of the territory of the parcels of land and (or) the real estate units located on them which are in property of the Russian Federation, the subject of the Russian Federation, municipal property, in borders of the territory on which the decision on complex development of the territory of the housing estate, complex development of the territory of non-residential building is made.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of May 18, 2017 No. 594

Rules of coordination of withdrawal for the state or municipal needs for the purpose of complex development of the territory of the parcels of land and (or) the real estate units located on them which are in property of the Russian Federation, the subject of the Russian Federation, municipal property, in borders of the territory on which the decision on complex development of the territory of the housing estate, complex development of the territory of non-residential building is made

1. These rules establish procedure for coordination of withdrawal for the state or municipal needs for the purpose of complex development of the territory of the parcels of land and (or) the real estate units located on them which are in property of the Russian Federation, the subject of the Russian Federation, municipal property (further - withdrawal) in borders of the territory on which the decision on complex development of the territory of the housing estate or the decision on complex development of the territory of non-residential building is made (further - the decision on complex development of the territory).

2. According to these rules coordination of withdrawal is performed concerning the parcels of land and (or) real estate units located on them specified in Item 1 of these rules which are provided in permanent (termless) use, the life inherited tenancy, lease or free use to citizens or legal entities.

3. Before acceptance by the federal executive body authorized by the Government of the Russian Federation, the authorized body of the executive authority of the subject of the Russian Federation, authorized body of local self-government specified in Item 2 of Article 56.12 of the Land code of the Russian Federation, the decision on withdrawal such executive body or local government body send the draft decision about withdrawal for approval:

if withdrawal of the parcel of land and (or) the real estate unit located on it which are in property of the Russian Federation - in territorial authority of Federal Agency for State Property Management is planned;

if withdrawal of the parcel of land and (or) the real estate unit located on it which are in property of the subject of the Russian Federation - in authorized body of the executive authority of the subject of the Russian Federation is planned;

if withdrawal of the parcel of land and (or) the real estate unit located on it which are in property of the municipality - in authorized body of local self-government is planned.

4. Specified in paragraphs the second - the fourth Item 3 of these rules authorized federal executive body, executive body of the subject of the Russian Federation, local government body (further - the approving bodies) refuse coordination of the draft decision about withdrawal in the presence of one of the following bases:

a) seizure of land and (or) the real estate units located on them is not allowed according to parts 8 and 9 of article 65 of the Town-planning code of the Russian Federation;

b) inclusion of the parcels of land and (or) the real estate units located on them in borders of the territory which is subject to complex development, according to the procedure, established according to Item of 1 part 8, part 10 of article 65 of the Town-planning code of the Russian Federation, was not approved by authorized federal executive body, and (or) executive body of the subject of the Russian Federation, and (or) local government body respectively.

5. The refusal in coordination of the draft decision about withdrawal on other bases, except the these rules specified in item 4, is not allowed.

6. Ceased to be valid according to the Order of the Government of the Russian Federation of 14.07.2021 No. 1185

7. The approving bodies within 20 working days from the date of receipt of the draft decision about withdrawal consider it and send to the federal executive body authorized by the Government of the Russian Federation, authorized body of the executive authority of the subject of the Russian Federation, authorized body of local self-government specified in Item 2 of Article 56.12 of the Land code of the Russian Federation, the notification on coordination of the draft decision on withdrawal or on refusal in coordination of the draft decision about withdrawal which is signed by the head (deputy manager) of the approving body. The notification on refusal about withdrawal shall contain specifying on the bases of such refusal in coordination of the draft decision.

8. The direction are performed by the federal executive body authorized by the Government of the Russian Federation, authorized body of the executive authority of the subject of the Russian Federation, authorized body of local self-government specified in Item 2 of Article 56.12 of the Land code of the Russian Federation, the draft decision on withdrawal, the body of the these rules of notifications specified in Item 7 approving the direction according to the procedure of interdepartmental information exchange.

9. In case of not receipt from the approving bodies of notifications on coordination or about refusal in coordination of the draft decision about withdrawal in time, specified in Item 7 of these rules, the draft decision about withdrawal is considered approved.

10. Coordination of the draft decision about withdrawal after introduction in it of the changes directed to elimination of the bases for refusal in coordination of the draft decision about withdrawal is performed according to Items 3 - 9 these rules.

 

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