Director Department of Regulation urban planning activities Ministry of Regional Development RF Sergey Malyshev in Irkutsk within the framework of the V Baikal Economic Forum at a meeting of the round table section dedicated to the main directions of state policy in the region construction and housing talked about the main directions state building policy.
It should be noted that currently the state regulation construction industry at the federal level, it is carried out by several federal executive bodies.
One of the main issues in the movement of construction projects is the passage of the WG, GZK and registration of GPZU with parameters that make the construction or reconstruction of facilities cost-effective.
As noted in the company "Byurokrator" LLC, there is always the opportunity to professionally speed up the process. The desire to make changes to the previously issued Urban Development Plan of the land plot as quickly as possible and with a guarantee must be supported by appropriate competencies.
The company's experts say: "There are many nuances in the practice of registering a GPZU - our lawyers have extensive experience in this area and are ready to solve the tasks so that it would be possible to obtain an urban development plan for a land plot without unnecessary complications."
Already the history of urban policy (for 2008):
There are three main directions for the implementation of public policy.
First direction - scope of technical regulation in construction. The basic legislative act here is the Federal Law "On Technical Regulation". In accordance with the current legislation, this authority is in the exclusive jurisdiction of the Russian Federation. If before the adoption of this federal law, the constituent entities of the Russian Federation had the right to approve territorial building codes (TSN) containing technical requirements for design and survey and construction and installation work, then after its entry into force, the regions do not have such an opportunity.
Second direction - regulation of urban planning activities or urban regulation. The basic legislative act on which the state policy in this area is based is the Town Planning Code of the Russian Federation.
This direction, in accordance with the legislation of the Russian Federation, is implemented by three levels of public authority: federal, regional and municipal.
According to its internal content, this sphere can be divided into 2 parts:
regulation of the activities of public authorities at all levels;
regulation of activities directly involved in construction: developers, customers, designers, builders.
The third direction is estimated rationing and pricing in construction. The basic law here is the Federal Law “On investment activities carried out in the form of capital investments”.
This authority is exercised by the Russian Federation and the subjects of the Russian Federation.
From the report Sergei Malyshev:
1. Technical regulation
The main task in this area is the development and approval of technical standards, which, on the one hand, when they are implemented, will ensure the safety of the construction and operation of a building, structure, and, on the other hand, will not be a brake on the introduction of new technical solutions, the use of new technologies and materials.
We must admit that in this area we are lagging behind the real needs of the construction industry. For almost four years since the adoption of the Federal Law "On Technical Regulation" and until it was amended last year, no work was carried out in this area. The Ministry of Regional Development of Russia or some other federal executive body was not empowered to update existing technical regulations. In addition, it was not possible to develop technical regulations on the safety of buildings, because the law in the previous edition did not take into account the peculiarities of construction products. It was equated to the production of standard products, for example, galoshes.
In this case, the unconditional priority is the first three directions, which must be considered in their mutual connection with each other. The first level of documents is technical regulations. These are the only documents that (after their entry into force) will contain mandatory requirements for buildings and structures as an object of technical regulation.
The main ones here are two technical regulations: "On the safety of buildings and structures" and "On the safety of building materials and products." The first technical regulation has already been developed, passed all the necessary procedures, including public discussion, agreed with the federal executive authorities and submitted to the Government of the Russian Federation. After consideration by the Government, it will be submitted to the State Duma of the Russian Federation. We hope that by the end of the year it will be adopted in the form of a federal law and will enter into force a year after its adoption, i.e. since January 1, 2010. According to the second technical regulation, we conducted competitive procedures, determined the winner, and now a state contract is being signed. This technical regulation is adopted in the form of a decree of the Government of the Russian Federation. The deadline for submission to the Government is December of the current year.
At the same time, these are not the only regulations that will establish requirements for buildings and structures. The technical regulation "On fire safety" has already been adopted, and the technical regulation "On the safety of elevators" is being developed. Here the task of the Ministry is to coordinate this process, i.e. when coordinating such technical regulations, we look to ensure that their content, as applied to buildings and structures, does not contradict our technical regulations.
It is quite possible that in the future the need for the development of additional technical regulations by the Ministry of Regional Development, for example, "On the safety of high-rise buildings", will come to light. Time will tell.
The second level of documents is documents in the field of standardization, which are understood as national standards and codes of practice. These are documents of voluntary application, which are the evidence base for compliance with the mandatory requirements of technical regulations. Voluntary application means that designers, for example, can use them or not. In the first case, the state guarantees that the safety requirements that are laid down in the technical regulation will be ensured and it will exercise control over compliance with the requirements of the codes of practice and national standards in the process of state expertise, state construction supervision, during the commissioning of the facility.
In fact, in the new system of technical regulation, without the development of sets of rules, the provisions of technical regulations will be difficult to implement. If in relation to technical regulations we can say that they establish “what must be provided”, then in relation to sets of rules, we say “how to do it”.
It must be said that the designer has the opportunity not to use the codes of practice, but to go, as they say, his own way, but then he will have to prove to the state authorities that the safety of construction and operation in the design solutions is ensured, which will be problematic.
The codes of practice will contain both their own technical standards and reference standards to third-level documents, i.e. to building codes and regulations, PPB, SanPins, etc. And therein lies their close relationship. Speaking about the system of sets of rules, we assume that there will be six priority ones in accordance with the types of safety defined in the technical regulation "On the safety of buildings and structures." We conditionally call them general sets of rules. Then special sets of rules will be developed, for example, for individual residential buildings, for complex engineering structures etc.
And only after that it will be possible to say that we have created the minimum in terms of regulatory regulation that will allow all construction participants to actually design and build facilities. Now we have just begun to work out the possible structure of the set of rules "On the fire safety of buildings and structures."
Speaking about the updating of documents, it must be said that work is currently underway on 11 priority SNiPs and we think that by the end of the year we will introduce them in a new edition. This work is also slow, because documents are mandatory one, two or more times considered by the expert commission of the Ministry of Regional Development, respectively, there are comments, then their elimination, etc.
And finishing the description of this sphere of activity of the Ministry of Regional Development of Russia, I want to say that the order of the Ministry "On the procedure for developing and agreeing on special technical conditions ..." was issued and registered in the Ministry of Justice of Russia. Work has now been organized to consider them, examine them and agree on them in accordance with the order. As of September 1, 2008, materials were received on 131 objects, special specifications for 57 objects.
2. Regulation of urban planning activities.
The second area of activity is the regulation of urban planning activities. In accordance with the Town Planning Code of the Russian Federation, urban planning activities include: territorial planning, urban zoning, territory planning, engineering surveys, design and construction of buildings and structures (slide No. 6).
This area can be conditionally divided into two blocks (slide No. 7).
The first is the regulation of the actions of public authorities at all levels in the preparation, coordination, approval and implementation of territorial planning documents, urban zoning and territory planning.
The second is the regulation of the activities of economic entities - participants in the construction of engineering surveys, design and construction of buildings and structures.
I will briefly dwell on the first block.
The main difference between this block of urban regulation and the sphere of technical regulation is that the issues included in its composition are regulated by public authorities of all levels. Moreover, the center of gravity here is shifted towards the constituent entities of the Russian Federation and local governments.
Important norms that should help the authorities to implement the norms of the Urban Planning Code of the Russian Federation in terms of the development of urban planning documentation are the following.
Firstly, a mechanism has been introduced to compel public authorities to carry out urban planning activities by establishing consequences for inactivity.
Thus, in the absence of territorial planning documents, from January 1, 2010, it is not allowed to make decisions on the reservation, withdrawal and transfer from one category to another of land owned by private individuals for state or municipal needs.
In the absence of rules for land use and development, from January 1, 2010, it is not allowed to provide private individuals with land plots for construction allocated from state and municipal lands.
Secondly, procedures have been introduced for the preparation and provision of land plots for housing construction at auctions. Auction procedures should supersede the procedures for preliminary approval of construction sites.
In addition, a draft federal law “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts” has been prepared (adopted in the 1st reading), which introduces auction procedures for all land plots (not only for housing construction projects).
And, finally, thirdly, the institution of control over urban planning activities has been introduced. This control should be exercised by the subjects over the activities of municipalities and the Ministry of Regional Development of Russia - over the activities of the subjects of the Russian Federation.
All these measures should have improved the situation with the development of urban planning documentation, however, an analysis of the activities in this part shows that not everything is in order here, first of all, at the municipal level.
Tasks at the regional and local level, which must be solved in the coming years. I won't go into them in detail, but the main ones are:
At the level of subjects of the Russian Federation
preparation and adoption of laws of the constituent entities of the Russian Federation on urban planning activities;
preparation and approval of territorial planning schemes for the constituent entities of the Russian Federation, and plans for the implementation of these schemes.
At the local level
preparation and approval of programs for the development of local systems of urban regulation (as part of regional programs);
preparation and adoption of rules for land use and development;
preparation of plans for the implementation of master plans, including integrated schemes for the development of engineering networks, priority projects (in conjunction with the volume and timing of financing the construction of priority local facilities).
At the federal level, the following work has been carried out in this part:
appropriate changes were made to the Town Planning Code of the Russian Federation;
a resolution of the Government of the Russian Federation on the procedure for coordinating territorial planning schemes of the Russian Federation was adopted;
the form of the town-planning plan of the land plot was approved;
building permit form approved;
the form of permission to put objects into operation was approved;
a draft model law of a constituent entity of the Russian Federation on urban development was prepared;
prepared guidelines on the development of rules for land use and development;
the procedure for coordination by the Ministry of Regional Development of Russia of the structure of the executive authorities of the constituent entities of the Russian Federation in the field of control over urban planning activities carried out by local governments was prepared and approved;
the form for reporting on the progress of control by the constituent entities of the Russian Federation over urban planning activities carried out by local governments was approved.
Not all issues, of course, have been resolved, not all the necessary regulatory legal acts have been adopted. At the same time, the main task is to develop schemes for territorial planning of the Russian Federation.
Now about the regulation of the activities of construction participants (the second block, which was shown on the slide).
Here, unlike the first block, the main role belongs to the federal level and, first of all, to the Ministry of Regional Development of Russia.
In order to regulate the issues of engineering surveys, design, construction, the Ministry, together with other federal executive bodies, has done the following work:
prepared and approved a government decree on the procedure for conducting engineering surveys for the construction of facilities;
the procedure for the approval by the Ministry of Regional Development of Russia of the regulations of the constituent entities of the Russian Federation regarding the conduct of engineering surveys on their territories was approved, now it is being registered with the Ministry of Justice of Russia;
a government decree on the composition of sections was developed and approved project documentation and the requirements for their content, amendments and additions are now being prepared in Resolution 87;
two orders of the Ministry of Regional Development of Russia “On the procedure for organizing and implementing construction” and “On the procedure for the conservation of capital construction objects” have been prepared and are being approved by the federal executive authorities;
adopted a number of documents necessary for the functioning of the unified state examination of project documentation, the main of which is Resolution No. 145 “On the procedure for conducting state examination of project documentation”;
a draft resolution of the Government of the Russian Federation “On the procedure for conducting a non-state examination of project documentation” has been prepared and is in the Government of the Russian Federation;
a resolution of the Government of the Russian Federation on the procedure for conducting a unified state construction supervision was adopted, and also in its development a number of normative acts were adopted that regulate the implementation of state construction supervision.
I would like to dwell here on one more issue that directly regulates the activities of engineering survey organizations, design and construction organizations - this is the introduction of self-regulation in construction.
Amendments to the Town Planning Code of the Russian Federation, which came into force on July 25, 2008, introduce this institution, abolish state licensing of construction activities as an independent form of state regulation, and introduce a transitional period from licensing to self-regulation.
I must say that some provisions of this law have not been adopted in the version we insisted on, and now there are numerous requests from organizations on precisely the very controversial issues:
the size of the compensation fund;
the minimum number of organizations required to acquire the status of a self-regulatory organization;
validity period of previously obtained licenses.
I must say that we are very cautious about forecasts here - it is very difficult to say now how this process will go. Will we not end up with an even more bureaucratic machine in the form of non-governmental organizations compared to state licensing, which was so much criticized.
In any case, we will monitor this process and, based on the results of law enforcement, we will develop appropriate proposals.
In this part, we are currently preparing lists of works in the field of engineering surveys, design and construction that affect the safety of capital construction facilities, and perhaps here we will be able to smooth out some points of the Law.
This is what I would like to briefly inform you about in terms of the directions of state policy in the field of regulation of urban planning.
3. Estimated rationing and pricing in construction.
This sphere of state regulation in construction, as I have already said, is closely connected with the sphere of technical regulation.
The main task in this area of regulation is to introduce into the legal framework the system of estimated rationing in construction, at the same time updating it and creating new tools for determining the objective estimated cost of construction, including early stages investment and construction process.
The main problem of the previously operating system of estimated rationing was its uncertain status.
On the one hand, various estimated standards were developed and approved; when checking the estimated cost of construction, they were adopted by the state expertise bodies, the Ministry of Finance of Russia and the Ministry of Economic Development of Russia.
On the other hand, paradoxically, not a single regulatory document said that they must be used without fail. Even in relation to budget facilities.
Therefore, when clarifying the functions of the Ministry of Regional Development of Russia, the Regulations on it included a rule that the Ministry approves the procedure for developing and approving standards in the field of estimated regulation and pricing in the field of urban planning. In accordance with this authority, the Ministry of Regional Development of Russia issued an appropriate order dated April 11, 2008 No. 44, which, among other things, determined the system of documents in the field of estimated rationing and pricing. Slide 12 outlines the main powers of the Ministry of Regional Development of Russia in this area.
The pricing and cost estimate system in construction includes state, territorial, industry and individual cost estimates designed to compile cost estimates in order to determine the necessary and sufficient limit Money for the design and construction, reconstruction and overhaul of facilities for various purposes(slide number 13).
State estimated standards include:
a) state elemental estimated norms (GESN-2001):
b) federal unit prices (FER-2001).
Now they will be approved by orders of the Ministry of Regional Development of Russia.
Territorial estimated norms are territorial unit prices (TER-2001). Territorial unit prices are developed by regional pricing bodies on the basis of the GESN-2001 collections and territorial collections of prices for building resources at the base price level.
Now their approval can be only after agreement with the Ministry of Regional Development of Russia. At the same time, their compliance with state estimated standards will be checked.
Sectoral estimated norms and unit prices (OER-2001).
These collections include collections approved in the manner prescribed by the sectoral ministries and large enterprises, monopolists in this industry. At the same time, by analogy with the territorial estimated standards, they must go through the approval and registration procedure.
The main advantages of the current system of estimated standards:
resource consumption rates (labor costs, operating time of machines and mechanisms, material consumption) per unit of construction, installation, repair and construction and commissioning developed for a significant number of works (more than 50 thousand types) and can be used to determine the cost of work at the stage of development of working documentation with a sufficient degree of reliability (3-5%);
estimate documentation compiled on the basis of FER-2001 or GESN-2001 collections includes not only the cost of individual works and the facility as a whole, but is also detailed description technology and scope of work to be performed, which avoids disputes between the customer and the contractor;
estimate documentation compiled on the basis of FER-2001 or GESN-2001 collections makes it possible to determine the cost of work performed with a sufficient degree of reliability, which is useful for contractors and tax authorities (3-5%).
The main shortcomings of the current system of estimated standards
the impossibility of determining the cost of construction at the early stages of design due to the lack of consolidated estimated standards, methods for their development and application;
the difficulty of making payments for work performed under contracts with a fixed contractual price, in the event of a decrease in the cost of building an object based on the results of a tender;
the absence of a significant number of norms and prices for new technologies in construction due to the lack of a procedure for the development and approval of new standards;
rather long and laborious work on the preparation of estimate documentation based on unit prices or resource indicators;
the absence of a clearly described system for applying the indices of conversion to the current price level;
the lack of a procedure for applying predictive deflator indices to determine the cost of building an object throughout its construction;
Measures to improve the system of estimated standards
Considering that the current estimated standards were developed on the basis of the standards developed during the period of the planned economy of the USSR in 1984 and 1991, and also taking into account the recently changed legislation in the urban planning and economic sphere, a significant revision of the regulatory and methodological documents on pricing in construction is required. , as well as relevant forms of statistical reporting, including KS-2 and KS-3.
The main measures for this are:
1. Changing the structure of estimated standards in the system of estimated rationing for the purposes of their use in the market system. At the same time, one of the main estimated standards should be the consolidated estimated standards (USN) and methods for the development and application of standards.
2. Monitoring of current estimated standards. On the basis of monitoring, organize the revision of existing and development of missing regulatory legal acts and regulatory and methodological documents in the field of pricing and estimated rationing in construction, including:
regulatory legal act "On the procedure for the formation of the initial (maximum) price of a state contract when placing orders for the performance of construction work and the procedure for settlements within fixed contract prices";
regulatory legal act "On the procedure for settlements for work performed under state contracts with a fixed contractual price for the entire period of work";
a new edition of MDS 81-35-2004 "Methodology for determining the cost of construction products on the territory of the Russian Federation" taking into account the changed legislation in the field of urban planning and the procedure for the purchase of goods, works and services for state needs;
methodological recommendations for calculating the indices of changes in the estimated cost of construction and installation works, as well as the procedure for applying predictive deflator indices;
other regulatory and methodological documents.
3. Organization of the development of consolidated estimated standards (USN) on the basis of a number of specialized organizations in the field of estimated rationing.
Their use will allow to determine the cost of construction of facilities at the early stages of design with a sufficient degree of reliability and minimal time (≈10%).
The estimated timeframe for the development of the main USNs can be 1-2 years.
4. Organization of the development of a system of current and forecast indices of changes in the estimated cost of construction. It is necessary to establish a unified procedure for the development and application of indices for changes in the estimated cost of construction and installation works (equipment, other costs) at different stages of the investment process.
5. Organization of monitoring of the cost of building resources in the current price level in the constituent entities of the Russian Federation. This information is the main one in the development of indices, determining the cost of construction of industrial and residential facilities.
6. Creation and maintenance of a data bank on designed and constructed capital construction projects. This information is necessary for the development of the simplified tax system, as well as for use in calculating the cost of construction of facilities in comparison with "analogue facilities".
7. Organizing, together with Rosstat, the development of new and revision of existing forms of reporting on the cost of completed construction and installation works in capital construction.
In particular, it is necessary to develop new forms related to reporting when performing work at a fixed contractual price.
I want to say that work in this area has begun. At present, we have updated 239 collections of estimated norms and prices, which are prepared for their approval as state estimated standards. This year, we plan to basically complete the work on updating previously developed collections.
Building materials industry
Currently, the Ministry of Regional Development of the Russian Federation, together with other federal executive authorities, is developing a strategy for the development of the building materials industry for the period up to 2020. Submission to the Government of the Russian Federation - November 2008
The strategy provides for solving systemic problems of the industry of a structural nature, such as:
the technological backwardness of Russia from the leading countries of the world, the low level of a significant part of scientific and technical developments, the insufficient innovative activity of Russian companies;
insufficient development of one of the basic sectors of the Russian economy in terms of the competitiveness of the economy and national security.
Based on the all-Russian problems, within the framework of the industry development strategy, a structural problem should be solved - ensuring that the production volumes, quality and range of products of the building materials industry complex meet the demand in the domestic market.
The strategy is being developed taking into account the main parameters of the forecast for the socio-economic development of the Russian Federation for the period 2008-2010, the provisions of the Concept for the long-term socio-economic development of the Russian Federation until 2020, and the draft long-term strategy for mass housing construction for all categories of citizens until 2020 , preparing strategies for the development of other sectors of the economy and regions of the Russian Federation, as well as materials on strategic development presented by large companies, individual enterprises and organizations.
In addition, the Ministry, together with other federal executive bodies, resolves other issues related to the development of the building materials industry, including:
amendments to land and subsoil legislation in terms of resolving existing contradictions in the legislative norms governing land and property relations and relations in the field of subsoil use;
expansion of exploration work for the reproduction of resources and reserves of cement raw materials;
nullification of import customs duties on cement and cement products;
associated with the construction of port complexes specialized in transshipment of cement, their placement in the regions.
According to the abolished Ministry of Regional Development.
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1.1 The concept and essence of housing policy
Under the housing policy of the state is understood the legislative, executive and practical activities of the state to address a set of issues related to providing citizens with housing and quality public services.
This activity is carried out by power structures - "competent state institutions and public organizations in the center and locally in order to stabilize and adapt the existing socio-economic system to changing conditions." In other words, power is an essential attribute of any state structure, pursues a policy that, in the process of its implementation, is designed to provide its citizens with certain living conditions. It also decides on the distribution of material wealth in accordance with the stated goals and priorities.
Housing policy, as a special sphere of human life, organizes its functions at various levels of social space. In relation to the topic of the dissertation, these are: macropolitics, which regulates conflict relations within individual states, and represents a typical level of intergroup dialogue - the federal level; mesopolitics - characterized by connections and relations of individual regions, local groups, political institutions and organizations - regional level; micropolitics - establishes intra-group or interpersonal power-significant relations of individuals, which are regulated by government institutions- municipal (local) level.
It should be noted that each of the listed levels has its own, inherent only to him, the specifics of the organization of the political process. It forms relations, mechanisms, institutions and technologies for settling disputes and conflicts at its level. It is characteristic that each of them “works”, acts independently, independently of the others, and its mechanisms and tools cannot be used to resolve disputes and conflicts at other levels (higher or lower). This explains, in particular, the fact that the federal authorities are often unable to resolve any regional conflict (for example, inter-ethnic).
This means that each of these levels of political organization implies individual ways of studying their activity, direction and development, including in the field of housing policy.
At the federal level - the formation of state policy in this direction and the development of federal laws, rules and quality standards for the construction of housing and housing infrastructure and the application of these standards when concluding construction contracts with contractors, coordinating the activities of state bodies and bodies of subjects of the federation, setting the level of tariffs according to housing payments and utilities; at the level of the constituent entities of the Federation of the Russian Federation - housing policy and its regulation and management of housing and housing and communal services are carried out by the authorized bodies of the constituent entities of the Federation (for example, the state housing inspection of the constituent entity); at the level of local self-government - the main thing here, in accordance with the implementation of the state target program "Housing", is the management and maintenance of housing. For these purposes, the subjects of the federation and local self-government bodies are delegated the appropriate powers of the state. First of all, this concerns the transfer of ownership of housing and housing and communal services.
Local self-government bodies, in essence, are the legal successor of the Soviets people's deputies. Local self-government is exercised by the population through representative bodies of power, relevant governing bodies - local administration, local referendums, meetings (gatherings) of citizens, other territorial forms of direct democracy, as well as bodies of territorial public self-government of the population.
At the level of city and district administrations, local taxes, prices and tariffs for goods and services are established, including for housing and housing and communal services, rental of buildings and non-residential premises and structures. This often leads to conflicts due to the complexity of delimiting the powers of the branches of government. At the level of settlement administrations, the procedure for the transfer and sale of housing into the ownership of citizens and legal entities, renting out housing, the municipal housing stock is distributed in accordance with the established procedure, a record of citizens in need of improved housing conditions is kept, warrants are issued for settling in the houses of the municipal housing stock. With all this, regional and local self-government bodies do not have sufficient funds for housing construction.
In this regard, in order to increase the interest of the regions in accelerating the implementation of reforms in the field of housing policy, the government of the Russian Federation made changes to the procedure for distributing transfers from the federal budget among the regions of the country and introduced a system of federal housing standards to guide regional and local authorities. A draft program for reforming the complex of housing and communal services, land use, urban planning, housing construction financing has been prepared. These reforms are aimed at demonopolizing the housing sector and creating housing market infrastructure.
Housing is one of the material goods, which combines a variety of functions. It is a product of labor, a commodity of consumption and carries a certain semantic load. But the function that housing performs, unlike other durable consumer goods (car, refrigerator, TV, etc.), is inherent only to it. Housing is vital for everyone, as it ensures the preservation of the physical existence and normal life of a person, forms him as a person, realizes economic and spiritual needs. It is the material basis on which the family develops and is built - an association of people who, as a rule, live together. They are united, in addition to a common living space, by mutual rights and obligations that arise when entering into a marriage or other relationship. Improvement of living conditions is one of the main signs of improving the welfare of citizens and the political and economic stability of the state. Thus, housing, in all the variety of its functions, is multifunctional.
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CONTENT
INTRODUCTION
CHAPTER 1. Features of the implementation of state housing policy
- The concept of state housing policy
Main goals, principles and objectives of the state housing policy
State regulation of the housing sector
- Legislative framework for the implementation of state housing policy
Regional features of the implementation of state housing policy
Bibliography
INTRODUCTION
The transformations carried out in Russia in the last decade have radically changed the face of the country, the guidelines for social development, and have made significant changes in the social structure of society. Radical reforms, recognized as improving the standard of living of the population, mainly due to the movement towards a Western-style market economy, turned out to be associated with many negative consequences, with the aggravation of all social problems, including housing.
Housing is one of the main foundations of a person's existence, his life. In order to lead healthy lifestyle life, fully work, raise children, acquire and update knowledge, a person must, first of all, have housing, access to resources: social, economic, political spiritual, etc., allowing him to lead a decent existence. Without taking these factors into account, any reforms, including housing reforms, are doomed to failure. This, first of all, determines the relevance of the chosen topic.
The relevance of the work is determined by the current stage of development of Russian society, the implementation of socio-political and economic transformations in the context of the transition to an economy of market relations.
Housing policy as a social phenomenon, as part of the process of modern transformations in society, is carried out with great difficulty and is often accompanied by an unpredictable severe crisis, covering all areas of social life being reformed.
In Russia, the housing issue has always been and remains relevant. This is facilitated by a number of factors: the lack of resources for the expanded reproduction of housing, the lack of money for the absolute majority of the population, the constant influx of refugees and internally displaced persons from neighboring countries and "hot spots" into Russia, the ongoing urbanization and growth of cities, etc.
The most important factors that determine the relevance of the work include:
- Insufficient development of the theoretical and methodological substantiation of the sociological analysis of housing policy in Russia;
The need to develop coordinated effective measures in the implementation of housing reform;
The need for a clearer justification and legislative regulation of regional housing programs.
In accordance with the purpose of this work, the following tasks:
- To analyze the features of the implementation of the state housing policy;
To reveal the concept, main goals, objectives and principles of the state housing policy;
Consider the legislative framework for the implementation of state housing policy;
- CHAPTER 1. FEATURES OF THE IMPLEMENTATION OF THE STATE HOUSING POLICY
- 1.1 The concept of state housing policy
There are many definitions of the term "housing policy". Some of them should be noted:
- Under housing policy in general, it is understood as a set of goals and methods of action for their implementation, formed by authorities and management and reflecting the most preferred directions for the development of the housing sector.
Under housing policy refers to the activities of the state and municipalities aimed at providing citizens of the Russian Federation with high-quality housing, both through direct participation in the construction or subsidizing the purchase of housing, and through the creation of effective mechanisms that contribute to the independent solution of the housing problem by citizens.
housing policy is a set of measures aimed at creating conditions and streamlining processes that provide an opportunity for free choice, a way to meet the individual housing needs of all categories of the population with different incomes.
The housing sector is currently in a state of transition, characterized by a turn from an administrative-distributive and centrally controlled system to an open, free, based on the transformation of housing into a commodity, on the independent interaction of business entities, raising the status of a housing consumer, meeting the needs of the population in housing based on supply and demand.
Despite the difficulties in developing and making economic decisions, the housing sector has begun an active movement towards the formation of a housing market and is quickly adapting to market principles.
In order to develop the best housing policy, it is necessary to understand what goals are to be achieved and what should be the method to achieve the desired results. At the same time, it is also necessary to have a sufficient number of effective political documents and to have an idea about their effectiveness and, first of all, about the degree of impact of the proposed mechanisms to achieve the goal and speed.
At the federal level, the task is currently set to achieve housing provision of 18 - 20 square meters. m of total area per citizen, for this it is necessary to solve many sub-goals in conjunction with time factors. one
In the context of the development of the housing market, which implies the most complete satisfaction of the housing preferences of the population, it is possible to formulate many goals that determine the process associated with the adoption by the state of a strategic course for solving the housing problem, formulated in the Constitution of the Russian Federation.
At the same time, it should be understood that none of the known legislative documents has direct contact with the goals in modern conditions. This is evidenced by the actual practice of providing the population with housing in the conditions of market formation, when the proclaimed political and legislative documents contain tools to achieve the goal, and the development of the housing system depends, first of all, on the construction industry, the level of affordability of housing prices for the population, etc. d.
The population is accustomed to maximum social care from the state and another tougher option can lead to social conflicts.
It seems that in the conditions of the economy in transition, the formation of housing policy should be considered as a set of classical theories of the housing market, supplemented, which is extremely important, with an analysis of the characteristics of transformation processes in each of the regions, as well as a number of hypotheses (or mechanisms) confirmed in the process of their implementation by practice. .
One of the most important characteristics of housing policy is the participation (activity) of the state.
Classifying the degree of influence of the state on the economy, we can distinguish four main ways in which the state influences housing policy and the system as a whole.
- Direct service. Here, obviously, it should be noted the system Maintenance and the maintenance of the housing stock, which, while receiving a significant role of subsidies from local budgets, is essentially state-owned.
Regulation and control. The state regulates the development of private entrepreneurship in the housing sector through a system of incentives for preferential taxation, competitive attraction for the performance of certain functions. Regulation is also necessary in the field of engineering infrastructure, where there is a monopoly nature of production (water supply, energy supply, etc.). Government authorities allow such organizations to earn a reasonable profit, but limit their ability to raise prices, as society depends on the provision of such services.
4. Direct impact. The state provides social support in the form of housing subsidies to pay for housing and utilities, as well as the purchase and construction of housing through programs of targeted assistance to the poor, the military, and migrants.
At the same time, it must be emphasized that a significant role of the forms of state participation is manifested in the issuance of laws and administrative documents that create proposals or prohibitions. This activity has a great influence on the development of housing policy.
Analyzing the volume of public spending on the development of the housing sector, we can conclude that the emphasis is shifting: at the regional level, the economic independence of solving social problems, including the housing problem, is increasing. At the federal level, the formation of a legislative and legal framework for fundamental approaches to the implementation of housing policy is becoming a priority.
The goals and objectives of housing policy are objectively influenced by the scale and structure of resources: industrial, social and engineering infrastructure, local construction industry and building materials industry, labor, natural and, most importantly, financial sources in modern conditions, the degree of development of market mechanisms.
Depending on financial and economic, urban planning, demographic, fund and other factors, housing policy may have different targets: priority development of housing construction, increase in the share of reconstructed housing, active or slow demolition of housing that is not subject to depreciation, the ratio of living space sold on free and commercial basis, development of privatization processes, etc. If the goals of housing policy can be considered identified, then the nature of the active policy in the process of transition to the market is determined.
As a result of the implementation of the housing reform in Russia, in some regions, it was possible to stabilize housing construction, change the structure of the housing stock by form of ownership in the direction of increasing private housing, and activate the inflow of extra-budgetary investments. At the same time, the most important direction of housing policy was the creation of a legal framework that regulates all areas of activity of state authorities in the field of housing legislation.
One of the main tasks of the current period is to provide those in need of improved housing conditions, registered and having less than 10 square meters. m of floor space per person.
The provision of gratuitous subsidies allows the implementation of alternative options for providing housing on the waiting list.
At the same time, the level of property status of families does not allow many of them to exercise their right to subsidies - to purchase housing.
The high level of market prices for real estate, as well as the cost of housing construction, requires the creation of an integrated housing finance system based on the use of both the personal funds of the waiting list and the housing subsidy. This housing acquisition scheme is widespread in municipal districts, and the task is to develop a social support mechanism.
Mortgage lending is the defining direction, which fundamentally affects the problem of housing provision for citizens with average incomes.
Finally brief analysis directions of housing policy and mechanisms for its implementation, it should be noted that, interdependent and complementary, they create a competitive environment.
State housing policy is an important part of the socio-economic transformations in Russia and one of the main activities of government agencies. In the process of transition to a market economy, the content of this activity is the reform of the housing sector, in which the central place belongs to the reform of the housing sector.
- 1.2 Main goals, principles and objectives of the state housing policy
Since housing is the most expensive commodity, and achieving modern conveniences requires high level development of the relevant infrastructure and sectors of the construction complex, the adoption of a well-thought-out state construction program and a public housing supply system is a prerequisite for achieving a normal housing supply. This program should consider diverse ways to meet housing needs, which will obviously be different for certain groups of the population, depending on their socio-demographic characteristics (age, marital status, health), occupation and profession, residence in urban and rural settlements, economic position, education and culture, etc.
Housing is an important factor in the stabilization and sustainable development of society.
inalienable principle policy should be general availability satisfaction of housing needs through the creation of various forms of supply and lending of housing for its differentiated acquisition in accordance with the economic and social situation of families and individuals.
In the hierarchy of people's vital needs, housing is one of the first places. Housing conditions are an essential factor in the formation of personality, the assertion of human dignity, the preservation of health, self-realization in the labor and spiritual spheres.
Throughout the world, unified principles of state housing policy have been developed and are operating (in developed countries for more than half a century). Chief among them are the following two:
- Firstly, any person can obtain, on affordable grounds, a long-term loan (and/or subsidy) for the purchase of their own housing; for the insolvent, state and municipal housing is being built, provided on a rental basis;
Secondly, the level of current payment for utility services is under the control of central or local authorities, which, on the one hand, monitor the reasonableness of the tariffs set by utility companies, on the other hand. They subsidize the rent for certain categories of tenants according to property indications. 2
1. State authorities and local self-government bodies encourage housing construction, create conditions for the exercise of the right to housing.
2. To the poor and other citizens specified in the law who need housing, it is provided free of charge or for an affordable fee from state, municipal and other housing funds in accordance with statutory norms.
The preamble to the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy" established federal housing policy goals:
- ensuring social guarantees in the field of housing rights of citizens;
construction and reconstruction of state, municipal and private housing stock;
creating conditions for attracting extra-budgetary sources of financing (funds from the population, enterprises, institutions, organizations, public associations, domestic and foreign entrepreneurs, bank loans and other sources);
development of private property, ensuring the protection of the rights of entrepreneurs and owners in the housing sector;
development of competition in the construction, maintenance and repair of the housing stock, the production of building materials, products and household items.
- construction of houses of state and municipal housing funds, intended for the provision of residential premises under a [social] rental agreement;
compensation (subsidies) and benefits to pay for the construction, maintenance and repair of housing.
- ensuring that the volume of the housing stock meets the needs of the population and the availability of housing for all categories of citizens of the Russian Federation;
attracting extra-budgetary financial resources to all components of the housing sector;
creation of a set of mechanisms for housing financing, allowing each category of citizens to solve their housing problems in accordance with their capabilities and adequately formed needs;
ensuring mass housing construction at the level of 1 sq.m. per person per year by:
- elimination of legal and administrative barriers in the construction, provision and maintenance of housing;
development of human resources in the field of construction and housing management;
organization of territorial planning and implementation of an effective urban planning policy that ensures the balanced development of new and previously built-up territories by ensuring the construction of engineering, social and transport infrastructure;
introduction of innovations in the housing market, the most efficient technologies for construction, management and maintenance of housing;
monitoring compliance with competition rules and conditions for non-discriminatory access to infrastructure and land resources;
effective tariff and price policy in the housing sector;
development of the social housing sector;
the creation of a rental housing sector;
improving the comfort of living in the housing stock;
ensuring the affordability of housing maintenance costs;
expanding the sphere of public-private partnership in the housing sector;
introduction of mechanisms for self-regulation of construction activities and management of the housing stock;
development of insurance mechanisms in the housing sector;
improvement of the legal framework for the construction, provision and operation of housing;
increasing the efficiency of the system of control and supervision in the construction and housing and communal complex by improving the legal framework for the functioning of the control system, establishing requirements for housing, building materials;
development of the housing lending system. four
1.3 State regulation of the housing sector
The need for state participation in the process of reforming and ensuring the functioning of the housing and communal sector is determined by the fact that it is a sphere of life support for Russian citizens, that is, a factor that determines the state of national security. The state should be responsible to citizens for the results of the ongoing reform.
A single state policy should combine the following functions: regulation of the legal framework; budgetary support, tariff and pricing policies that ensure the financial sustainability of housing and communal services; technical policy in the course of modernization of fixed assets of the industry based on energy-saving technologies; technical regulation of the quality and reliability of the provision of housing and communal services; social protection and social guarantees; formation of a system of market relations in the housing and communal sector and others.
The most important functions of the state are:
- coordination of the main measures of the housing reform with other ongoing reforms;
ensuring coordination of actions at the federal, regional and local levels.
A higher stage in the development of state regulation is targeted programming, i.e., the integrated use for common purposes of various programs for solving short-term, medium-term and long-term tasks. They define the sequence of solving problems, designate the authorities responsible for the implementation of these programs, indicate the sources of funding.
In developing programs and implementing housing policy, the Russian Federation follows a course that takes into account world experience, especially since targeted programs of this kind are actually being implemented in virtually all countries with developed market economies. As a rule, those responsible for target planning and target programming are state institutions developing programs and supervising their implementation. The programming of transformations in the housing sector makes it possible to use all means of state regulation, to avoid inconsistency and inconsistency in the activities of individual state bodies in the center and locally.
However, in a transitional economy, such contradictions and inconsistencies are always inevitable. Especially in the legal design of the policy and practice of such complex areas as housing. After all, in this area, in a short time, often without any legal precedents in domestic practice, it was necessary to create about a hundred acts and regulations relating to many thousands of positions of behavior of various subjects of law in various areas of their activity: housing construction and housing and communal services; land use and town planning regulation; housing finance systems and the creation of housing market infrastructure, etc. For each of these areas, laws have been developed and adopted that provide for separate rules that take into account market changes in the housing sector.
Due to such an abundance of legislative acts developed in a short time, the implementation of federal target programs in the housing sector is faced with difficulties created by contradictions between individual provisions in these laws. Especially in positions such as: classification of housing funds.
The change in the state housing policy in market conditions has made significant adjustments to it. If the Housing Code of the RSFSR singled out four types of housing funds (state, public, housing-construction cooperatives and individual), then the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, based on the classification of housing funds, their belonging to one or another type of property, singled out six varieties:
- Private housing fund - a fund owned by citizens and owned by legal entities;
State housing fund - a departmental fund, which are under the economic jurisdiction of federal state enterprises, institutions related to federal state property; a fund owned by the republics within the Russian Federation, territories, regions, an autonomous region, autonomous districts, the cities of Moscow and St. Petersburg, as well as a departmental fund owned by the corresponding subject of the federation;
Municipal housing stock owned by districts, cities that are part of administrative-territorial entities, as well as departmental stock, which is under the full economic jurisdiction of municipal enterprises and institutions;
Public housing stock owned by public organizations.
Some legal imbalance of simultaneously existing legislative acts regarding the classification of housing funds cannot lead to anything but legal confusion, in the wilds of which only highly qualified professionals can understand. It complicates the practice of state bodies, especially at the regional and municipal levels. Legislative work is to be done to bring housing legislation into line with the norms of the Civil Code of the Russian Federation so that ownership, ownership, use and disposal of housing comply with civil law.
The main requirement for state regulation and support of the reproduction of fixed housing stock is the complexity and completeness of measures and understanding of actions in all components of the housing sector. The main role of the state in this case is to create the necessary conditions for the functioning of the financial mechanism, including the adoption of relevant laws, amendments to existing legislation, initial financial support for market institutions and individuals involved in long-term financing of housing construction. 5
etc.................
Today, a national housing policy has become imperative. Its nationwide character and program settings are predetermined by the fact that the achievement of housing security for individual citizens requires the simultaneous solution of social problems: the organization of a resettlement system, the development of its regional aspects, the formation of a modern living environment, the provision of communications, environmental conditions and environmental protection measures.
Since housing is the most expensive commodity, and the achievement of modern conveniences requires a high level of development of the relevant infrastructure and sectors of the construction complex, the adoption of a well-thought-out state building program and a public housing supply system is a prerequisite for achieving normal housing supply. This program should reflect on the diverse ways to meet housing needs, which will obviously be different for certain groups of the population depending on their socio-demographic characteristics (age, marital status, health), occupation and profession, living in urban and rural settlements, economic position, education and culture, etc.
Housing is an important factor in the stabilization and sustainable development of society.
An integral policy principle should be the general availability of meeting housing needs through the creation of various forms of housing supply and lending for its differentiated acquisition in accordance with the economic and social situation of families and individuals.
In the hierarchy of people's vital needs, housing is one of the first places. Housing conditions are an essential factor in the formation of personality, the assertion of human dignity, the preservation of health, self-realization in the labor and spiritual spheres.
Throughout the world, unified principles of state housing policy have been developed and are operating (in developed countries for more than half a century). Chief among them are the following two:
1) Firstly, any person can obtain, on affordable grounds, a long-term loan (or subsidy) for the purchase of their own housing; for the insolvent, state and municipal housing is being built, provided on a rental basis.
2) Secondly, the level of current payment for utilities is under the control of central or local authorities, which, on the one hand, monitor the validity of the tariffs set by utility companies, on the other hand. They subsidize the rent for certain categories of tenants according to property indications.
The active participation of the state and local self-government in solving the problem of providing citizens with housing is provided for by the Constitution of the Russian Federation, and serves as the implementation of the guaranteed right to housing. Realization of housing rights is one of the most important components of human and civil rights and freedoms. Article 40 of the Constitution of the Russian Federation classifies the right to housing as one of the fundamental human and civil rights. According to Article 17 of the Constitution of the Russian Federation, the fundamental rights and freedoms of man and citizen are inalienable and belong to everyone from birth. The right to housing cannot be restricted even in a state of emergency (art. 56). The Constitution of the Russian Federation provides for quite definite guarantees of this right to housing, which makes it stable. Also, Article 40 of the Constitution defines the following actions for the implementation of housing policy:
1) State authorities and local self-government bodies encourage housing construction, create conditions for the exercise of the right to housing.
2) To the poor and other citizens specified in the law who need housing, it is provided free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.
The preamble of the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy" established the goals of the federal housing policy:
ensuring social guarantees in the field of housing rights of citizens;
construction and reconstruction of state, municipal and private housing stock;
creating conditions for attracting extra-budgetary sources of financing (funds from the population, enterprises, institutions, organizations, public associations, domestic and foreign entrepreneurs, bank loans and other sources);
development of private property, ensuring the protection of the rights of entrepreneurs and owners in the housing sector;
development of competition in the construction, maintenance and repair of the housing stock, the production of building materials, products and household items.
The law also defined the following main forms of assistance to citizens who are not provided with housing:
construction of houses of state and municipal housing funds, intended for the provision of residential premises under a [social] rental agreement;
compensation (subsidies) and benefits to pay for the construction, maintenance and repair of housing.
The main objectives of the state housing policy are:
1) Ensuring that the volume of the housing stock meets the needs of the population and the availability of housing for all categories of citizens of the Russian Federation.
2) Attracting extra-budgetary financial resources to all components of the housing sector.
3) Creation of a set of mechanisms for housing financing, allowing each category of citizens to solve their housing problems in accordance with their capabilities and adequately formed needs.
4) Ensuring mass housing construction at the level of 1 sq.m. per person per year by:
elimination of legal and administrative barriers in the construction, provision and maintenance of housing;
development of human resources in the field of construction and housing management;
organization of territorial planning and implementation of an effective urban planning policy that ensures the balanced development of new and previously built-up territories by ensuring the construction of engineering, social and transport infrastructure;
introduction of innovations in the housing market, the most efficient technologies for construction, management and maintenance of housing;
monitoring compliance with competition rules and conditions for non-discriminatory access to infrastructure and land resources;
effective tariff and price policy in the housing sector;
5) Creating conditions for the purchase of their own housing by the general population (using various methods to reduce the cost or subsidize the purchase of housing for certain categories of citizens).
6) Development of the social housing sector.
7) Creation of the rental housing sector.
8) Improving the comfort of living in the housing stock.
9) Ensuring the affordability of housing maintenance costs;
10) Expansion of the sphere of public-private partnership in the housing sector, etc.
The housing sector is not only an economy, but also, to a greater extent, a sphere social life society. Providing one of the most important human needs, it is an integral part of public policy as a whole.
The need for state participation in the process of reforming and ensuring the functioning of the housing and communal sector is determined by the fact that it is a sphere of life support for Russian citizens, that is, a factor that determines the state of national security. The state should be responsible to citizens for the results of the ongoing reform.
The following functions should be united by a single state policy:
regulation of the regulatory framework;
budgetary support, tariff and pricing policies that ensure the financial sustainability of housing and communal services;
technical policy in the course of modernization of fixed assets of the industry based on energy-saving technologies;
technical regulation of the quality and reliability of the provision of housing and communal services; social protection and social guarantees;
formation of a system of market relations in the housing and communal sector and others.
The most important functions of the state are:
coordination of the main measures of the housing reform with other ongoing reforms;
ensuring coordination of actions at the federal, regional and local levels.
In connection with the progress and results of the reform of housing policy, the role of management and regulation in the total volume of state functions should be significantly reduced, while maintaining the functions of control and supervision for a sufficiently long period.
A higher stage in the development of state regulation is targeted programming, i.e., the integrated use for common purposes of various programs for solving short-term, medium-term and long-term tasks. They define the sequence of solving problems, designate the authorities responsible for the implementation of these programs, indicate the sources of funding.
In developing programs and implementing housing policy, the Russian Federation follows a well-trodden course, taking into account world experience, especially since targeted programs of this kind are actually being implemented in virtually all countries with developed market economies. As a rule, government agencies that develop programs and monitor their implementation are responsible for target planning and target programming. The programming of transformations in the housing sector makes it possible to use all means of state regulation, to avoid inconsistency and inconsistency in the activities of individual state bodies in the center and locally.
However, in a transitional economy, such contradictions and inconsistencies are always inevitable. Especially in the legal design of the policy and practice of such complex areas as housing. After all, in this area, in a short time, often without any legal precedents in domestic practice, it was necessary to create about a hundred acts and regulations relating to many thousands of positions of behavior of various subjects of law in various areas of their activity: housing construction and housing and communal services; land use and town planning regulation; housing finance systems and the creation of housing market infrastructure, etc. For each of these areas, laws have been developed and adopted that provide for separate rules that take into account market changes in the housing sector.
Due to such an abundance of legislative acts developed in a short time, the implementation of federal target programs in the housing sector is faced with difficulties created by contradictions between individual provisions in these laws. Especially in such positions as: classification of housing funds.
The change in the state housing policy in market conditions has made significant adjustments to it. If the Housing Code of the RSFSR singled out four types of housing funds (state, public, housing-construction cooperatives and individual), then the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, based on the classification of housing funds, their belonging to one or another type of property, singled out six varieties:
1) Private housing fund - a fund owned by citizens and owned by legal entities.
2) State housing fund - a departmental fund, which are under the economic jurisdiction of federal state enterprises, institutions related to federal state property; a fund owned by the republics within the Russian Federation, territories, regions, an autonomous region, autonomous districts, the cities of Moscow and St. Petersburg, as well as a departmental fund owned by the corresponding subject of the federation;
3) Municipal housing stock owned by districts, cities included in administrative-territorial formations, as well as departmental fund, which is under the full economic jurisdiction of municipal enterprises and institutions;
4) Public housing stock owned by public organizations.
Meanwhile, practice in the housing sector has created such a type of housing stock as a housing stock of a mixed form of ownership, consisting in joint or shared ownership of various subjects of private, state, municipal property.
Some legal imbalance of simultaneously existing legislative acts regarding the classification of housing funds cannot lead to anything but legal confusion, in the wilds of which only highly qualified professionals can understand. It complicates the practice of state bodies, especially at the regional and municipal levels. Legislative work is to be done to bring housing legislation into line with the norms of the Civil Code of the Russian Federation so that ownership, ownership, use and disposal of housing comply with civil law.
The main requirement for state regulation and support of the reproduction of fixed housing stock is the complexity and completeness of measures and understanding of actions in all components of the housing sector. The main role of the state in this case is reduced to creating the necessary conditions for the functioning of the financial mechanism, including the adoption of relevant laws, amendments to existing legislation, initial financial support for market institutions and individuals involved in long-term financing of housing construction.
As for the functions of the state and local governments in the implementation of housing policy, here the contradictions are related to the insufficient or unequal prescription in different legal acts of the scope of powers of various levels of government in the use, disposal and ownership of the housing stock of certain types of property. The state housing policy is developed at the federal level and specified taking into account local conditions by state authorities of lower levels. It is carried out in accordance with the powers of the authorities of all branches and levels. At the federal level, the state provides:
formation of state policy in this area of the economy;
development of federal legislative and other regulatory legal acts, norms, rules and state standards for quality, construction, operation, overhaul and reconstruction of residential facilities and social infrastructure facilities, housing and communal services;
coordinating the activities of state bodies implementing housing policy at the level of constituent entities of the Russian Federation;
analysis and generalization of trends in the implementation of housing policy on the basis of state statistical and accounting reports;
coordination of activities for the transition to new tariffs for payment for housing and utilities;
development of federal standards for the construction and maintenance of housing, ensuring the observance of the quality of housing and communal services provided and their use as standards when concluding contracts between contractors and customers.
The issues of ownership, use and disposal of land, the delimitation of state property, as well as administrative, housing, and land legislation are in the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.
At the level of the constituent entities of the Russian Federation, housing policy and state regulation of housing and communal services is carried out by the relevant governing bodies of the constituent entities of the Russian Federation, endowed with the necessary powers (ministry, committee, department, state housing inspection of the constituent entity of the Russian Federation, and others).
The functions of local self-government in the implementation of housing policy are disclosed in connection with the implementation of the state program "Housing", which provides for structural changes in the field of management and maintenance of housing. The main thing here is the transfer to local governments of the powers of the state, including property rights to housing facilities.
Most of the issues of housing legal relations, previously under the jurisdiction of the state, with the beginning of market reforms were transferred to the subjects of the federation and local governments, however, the imperfection of the legal field of the latter negatively affects the implementation of housing policy, and therefore needs further lawmaking to eliminate it.
The adoption of the law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" marked the beginning of the housing reform in the country. The most important directions in the field of housing reform in Russia were determined by decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation. Over the past decade, the legal and organizational foundations of housing policy have been created, priority areas have been identified, and mechanisms for its implementation have been worked out.
Reforming the housing sector is today by right the most important component in the social policy of the regions and federal structures.
At the center of the state social policy in the field of housing relations is a person interacting with the market environment regarding the organization of his life. The housing sector is the most important sector of the economy, on which the overall economic well-being of the country depends.
The success of reforming the housing sector depends on the attitude of the population towards it, first of all, on the recognition by consumers of services that the goals and objectives of the reforms are in line with their own interests. Active involvement of the population in solving the problems of the housing sector by encouraging the organization of self-governing associations of tenants, associations of homeowners, territorial communities of residents, creating favorable conditions for residents to make their choice of public services in districts and cities, effective control over the work of the latter, the wide development of the housing movement, etc. etc. will create the necessary public support for the objectively overdue transformations in the housing sector, which will ensure the success of this most complex, one of the key to Russian market reforms, business.
The state housing policy is defined as a set of state measures to provide the entire population or its most needy social groups housing in accordance with generally accepted standards.
Housing has become a subject of housing policy because it provides a protective function for a person, and in a market economy it is also an object of investment.
The main provisions of the policy of the Russian Federation in the housing sector are determined by the Housing Code of the Russian Federation, as well as a number of target government programs in the housing sector.
Objectives of housing policy:
promoting the proper distribution, maintenance, operation and improvement of the quality of existing housing;
protecting tenants from wrongful eviction and rent increases.
The current housing reform in Russia was launched by the State Target Program "Housing", approved by the Decree of the Council of Ministers - the Government of the Russian Federation of June 20, 1993 No. 595, and the Main Directions for the new stage of the implementation of the State Target Program "Housing", approved by Decree of the President of the Russian Federation dated March 29, 1996 No. 431.
In the process of carrying out the housing reform, it was planned to solve the following tasks:
- - develop legislation that allows citizens to exercise their constitutional right to housing;
- – to convince the population that obtaining housing in a market economy is a boon that should be paid for with personal funds;
- - reduce inflation, which lowers the level of provision of the population;
- – when building new houses, use natural Construction Materials, and erected new buildings for housing to build low-rise;
- - transfer the management of the housing sector from state competence to a market management system.
The federal program "Your Home" in 1996 was aimed at expanding the individual construction of residential buildings using the latest technologies at prices affordable to the population (the cost of 1 sq. M of housing should not be higher than the average two-month income per person in the constituent entities of the Russian Federation), increasing the share of construction low-rise individual houses with autonomous means of life support.
The federal target program for citizens leaving the regions of the Far North in 1995 is aimed at regulating the flow of leaving citizens (they were supposed to leave 2 million people) and providing them with housing, taking into account the fact that they are urban residents and are not adapted to life in rural areas .
Program of social reforms in the Russian Federation for the period 1996–2000. determined the goal of the housing policy to ensure the availability of improved housing conditions for families with low and medium incomes, the preservation of free housing for low-income citizens, military personnel, employees of internal affairs bodies and their families. This program provides for an increase in financing for housing construction, reforming the housing and communal services and improving the management system of the latter.
As a result of the implementation of the planned activities, the legal and organizational foundations of the state housing policy were formulated, its priority areas were identified and the mechanisms for their implementation were worked out. A regulatory legal framework has been formed, which is the basis for further reforms in the housing sector. During the period of implementation of the above policy documents, more than 230 legislative and other regulatory legal acts were adopted that regulate issues related to housing construction, housing and communal services, securing property rights and transactions in the housing sector in the context of developing market relations. The reforms carried out ensured a radical turn from planning and administrative methods of regulation to market mechanisms, while observing the principles of ensuring social guarantees in the field of housing rights for low-income citizens and other categories of citizens established by the legislation of the Russian Federation.
The structure of Russia's housing stock has radically changed in terms of forms of ownership, and a new layer of owners has been formed as the social basis for housing reform. As a result of the adoption and implementation of the Law of the Russian Federation No. 1541-FZ dated July 4, 1991 "On Privatization of the Housing Stock in the Russian Federation", the share of private housing stock in 2000 amounted to more than 63% compared to 33% in 1990, and the share state and municipal housing stock decreased from 67 to 34.8%.
However, a number of tasks in the housing sector have not been fully resolved. Despite the fact that the planned transformations were successfully tested in the regions, it was not possible to create economic incentives for their large-scale implementation in all regions of the country. Therefore, in accordance with the order of the Government of the Russian Federation of March 14, 2001 No. 346-r, the Federal Target Program "Housing" for 2002-2010 was developed.
This Program proceeds from the fact that in the long term (after 2010) it is necessary to ensure the sustainable functioning of the housing sector, which will satisfy the housing needs of the population without significant participation of the federal center and attracting significant volumes budget funds. The role of the state should be limited to the regulation of relations in the field of real estate rights in the housing sector, the establishment of building codes and regulations and the basic principles of urban regulation. Funds from local budgets will first of all have to be directed to providing social housing for low-income citizens and the development of communal infrastructure.
The activities of the Program are carried out during 2002–2010. step by step.
At the first stage (2002–2004) the following was carried out:
- – normative legal support of the Program in all areas of its implementation;
- – carrying out organizational measures to introduce into the practice of the subjects of the Russian Federation mechanisms to increase the efficiency of the functioning of the housing sector;
- – implementation of subprograms and the program "State housing certificates", included in the Program.
At the second stage (2005–2010) the following was carried out:
- – improvement and development of the regulatory legal framework for the housing sector created at the first stage, taking into account the results of the implementation of the Program in practice in the constituent entities of the Russian Federation;
- - large-scale introduction of organizational, financial and economic mechanisms for the implementation of program activities in all areas;
- – continuation of the implementation of programs and activities of the Program.
Decree of the Government of the Russian Federation of November 17, 2001 No. 797 approved the subprogram "Reforming and modernizing the housing and communal complex of the Russian Federation" of the target program "Housing" for 2002–2010, the main tasks of which were:
- – financial rehabilitation of housing and communal activities by restructuring and liquidating their debts and bringing tariffs for housing and communal services for the population and other consumers to an economically justified level, strict adherence to established standards for payment for services by the population, transition from subsidizing housing and communal enterprises and providing categorical benefits to subsidizing low-income families, eliminating cross-subsidizing tariffs;
- - reducing costs and improving the quality and accessibility of housing and communal services, creating investment attractiveness of the housing and communal complex by developing competition in the provision of housing services, creating interconnected procedures for tariff regulation of utilities and natural monopolists - enterprises of the fuel and energy complex;
- - providing state support for the process of modernization of the housing and communal complex based on modern technologies and materials by providing budgetary funds and state guarantees for attracted investments.
The organization of management of the implementation of the subprogram and control over the progress of its implementation were entrusted to the State Committee of the Russian Federation for Construction and Housing and Communal Complex.
The state takes part in the development of practical measures aimed at expanding housing construction in the country. This problem, in particular, is devoted to the Decree of the President of the Russian Federation "On measures for the development of housing construction" .
The RF LC lacks legal regulation of some issues that were settled in the RSFSR LC. Thus, the possibility of booking socially rented housing, dividing the personal account of the tenant between him and a member of his family living with him is not regulated, some categories of beneficiaries who have the right to extraordinary receipt of socially rented housing, etc. are not specified. At the same time, some provisions of the JK RSFSR have not been repealed by the legislator. As a result, gaps have appeared in the LC RF, which the courts interpret not in favor of citizens.
The resulting gaps in the Housing Code of the Russian Federation are gradually being eliminated. For example, the need to provide housing under a social rental agreement out of turn to young families is regulated by the Decree of the Government of the Russian Federation "On Approval of the Rules for the Provision of Housing in the Framework of the Implementation of the Housing Provision for Young Families" subprogram of the federal target program "Housing" for 2007–2010 ".
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