The issue of establishing territorial zones within Vladivostok agglomeration

• Vereschagina A.V.

  Сandidate of law sciences, associate professor, head of the Department of Criminal Law disciplines of the Institute of Law; е-mail: vereschagina_alla@mail.ru.
  Vladivostok State University of Economics and Service
  Vladivostok. Russia

• Guseva A.S.

  – Legal adviser of Regional State Budgetary Institution Of Primorsky Region “Land Development Center”; е-mail: anna200311@mail.ru.
  Vladivostok. Russia

This paper is an attempt to impact of territorial zones’ legal regime established by the land use and development rules of Vladivostok agglomeration’s municipalities on proprietary rights. The Urban Planning Code of the Russian Federation defines the requirements for territorial zones’ development, in particular, a land parcel has to be in one zone. However, nowadays maps of urban zoning were designed in such a way that part of the plots which were registered before the adoption of the land use and development rules was found in two or more territorial zones. This imperfect legislation impedes capital construction projects on parcels, change of cadastral value and so on. Based on the analysis of law enforcement practice there are solutions of the identified issue: 1) dividing the parcel into two separate ones; 2) putting in an application for establishment of one zone to the administrative commission; 3) challenging the land use and development rules in court. The work paid attention to the correlation of territorial and functional zones because the Russian urban-planning legislation unambiguously does not regulate this issue.

Keywords: Vladivostok agglomeration, master lay-out, land use and development rules, territorial zone, functional zone, town-planning standing orders, land plot, type of permitted use land,  rights of land user.