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Functions and powers of the Deputy Mayor for Legal and Property Affairs Elistratov V.A.

 

Functions and powers of the Deputy Mayor for Legal and Property Affairs Elistratov V.A.

According to the decree of the Administration of Chelyabinsk of 13.10.2016 number 11403 Elistratov V.A. has the following functions and powers:

1. Deputy Head of Chelyabinsk in Charge of Law and Property Matters is an executive person of Chelyabinsk Administration local government, vested with executive and administrative full powers on the issues of local importance for Chelyabinsk, and separate state powers, transferred to Chelyabinsk local governance bodies by federal laws and Chelyabinsk region laws, as well as with powers on administrating Chelyabinsk Administration within the following competence;

2. Resolves matters of providing legitimacy in executive bodies of local governance performance, Chelyabinsk Administration rights and legitimate interests protection in relations with state bodies of power and governance, enterprises and institutions, irrespective of proprietary forms; as well as matters of City Administration structural units performance legal coverage;

3. Performs overall management of complex programs development and implementation in the area of state property management, land and forest matters in Chelyabinsk, state property reproduction, consequential of municipal property use revenue sector of budget sector replenishing;

4. Organizes and controls effective management, possession, use, implementing and accounting of municipal property of Chelyabinsk; municipal order dislocation and execution, development and implementation of unified approaches to municipal needs fulfillment, effective budget resources use for making purchases, acquiring goods, works, services for municipal services;

5. Organizes interaction with law enforcement authorities and military units, located at Chelyabinsk territory;

6. Heads counseling and advisory bodies, commissions, workgroups for fulfillment of powers vested in accordance with corresponding Chelyabinsk Administration law act. Takes part in the work of commissions, workgroups and work bodies of Chelyabinsk local governance, state power bodies expert councils and local governance bodies on the matters in connection with their competence;

7. Performs control and coordination of City Administration Law Department performance, Chelyabinsk Property and Land Relations Management Committee, City Administration Municipal Order Department, Department of City Law Enforcement Bodies Interaction;

8. Coordinates and controls municipal enterprises and institutions work in the area of proprietary relations (land relations inclusive);

9. Introduces offers to the Head of Chelyabinsk Administration on position appointment and position release, as well as stimulation offers, as well as offers on holding a person liable. The list of the positions to undergo the introduction is in point 7 of current functions and full powers. 

Coordinates position appointment and release of municipal enterprises and institutions in the sphere of proprietary relations (land relations inclusive);

10. Makes decisions and, in accordance with existing rules, issues decrees related to the following subjects:

1) provision of municipal living premises;

2) service living premises privatization;

3) taking living premises into municipal property and municipal living premises alienation;

4) insertion and exception of housing rights objects into Municipal Housing Facilities Fund (Housing Facilities Fund for Special Use, Housing Facilities Fund for Non-Commercial Use, Specialized Housing Facilities Fund);

5) housing rights objects attribution to one particular type of Housing Facilities Fund;

6) recognition of a citizen as a person in need of housing conditions improvement, with the aim of providing a land parcel for private use for individual housing construction;

7) free land parcel provision for private use with the aim of housing construction;

8) land parcel leasing for temporary non-stationary objects installation and use by legal entities and private individuals;

9) land parcel provision for permanent (non-limited temporarily) use;

10) land parcel and forest parcel provision to owners of non-finished construction objects, with the aim of construction completion;

11) free land parcel provision for private gardening (to the members of gardening or dacha non-commercial union);

12) free land parcel provision for running a private house;

13) land parcel sell or leasing for housing construction, private housing construction;

14) land parcel sell or leasing for constructing objects on sale (contest sale, auction sale) ;

15) setting initial land parcel auction object price, initial price for the object of land leasing contract conclusion right auction 

16) land parcel sell or leasing for temporary non-stationary objects installation and use on sale (contest sale, auction)

17) accepting schemes of land parcel distribution in cadastral plan or on cadastral map of Chelyabinsk territory with the aim of:

1. Object use;

2. State cadastral account registration for auction sale for building individual living houses;

3. State cadastral account registration for apartment house use;

4. State cadastral account registration for auction sale of the right of commercial objects construction leasing contract establishment;

5. State cadastral account registration for auction sale of the right of apartment houses building leasing contract establishment;

6. Following preparation of right-establishing documents with the aim of free citizen provision with the aim of individual housing building or running individual housing plot accompanied by personal living house building on personal farmland;

7. Easement establishment;

18) Preliminary agreement of land parcel provision and land parcel distribution in the cadastral plan of territory approval with the aim of existing capital building objects use;

19) The right of land parcel use provision for non-stationary trade objects dislocation (installation) and running;

20) Municipal preference for micro-entrepreneurship and average-entrepreneurship subject support provision, in the form of the municipal property right to posses, transfer and (or) the right to use transfer, including: land parcels, buildings, facility buildings, structures, non-housing rooms, equipment, machines, transport vehicles, item inventory, instruments; the rights are transferred for free or at reduced rates in accordance with municipal programs of micro-entrepreneurship and average-entrepreneurship subjects development;

21) Real estate and personal estate admission to municipal property;

22) Fund-raising for municipal property objects reconstruction and restoration;

23) Agreement on sale and deactivation of municipal property, attached to municipal unitary enterprises, municipal institutions, and organizations of other legal entity incorporation forms, that is:

1. Real estate property;

2. Particularly valuable assets;

3. Personal estate, which cost in accordance with one or more interrelated bargains overcomes 10% of balance prince of budget institution assets price, defined in accordance with accounting data by the moment of the last accounting report, provided the codex of the Budget institution doesn’t cover any lower percent;

4. Personal estate, which is a subject of a bargain, in accordance with which head and his deputies, as well as persons, included in the roster of budget institution governing bodies, are considered having interest in its completion in accordance with Russia Federation legislation;

24) Renumeration of apartments in residential houses;

25) Establishment of social importance correction coefficient in leasing payment calculation for organizations, carrying out socially important functions using the property, attached to municipal institutions;

26) Municipal property transfer in accordance with agency contract;

27) Transfer of municipal property, which is in municipal possession of the city, to legal entities free use;

28) Demolition and deactivation of municipal property objects, taken into account by Chelyabinsk municipal treasury; release of land parcels, having municipal property objects, and bringing them to level corresponding to requirements of current Russian Federation legislation;

29)  Creation, reorganization and liquidation of municipal enterprises and institutions in the area of property (including land) relations;

30)   Recognition of citizen in the list of applicants for social payment within city subprogram “Development of mortgage housing credit provision” ;

31) Recognition of young teachers of general education institutions being in need of dwell-buildings with the aim of participation in “Mortage housing credit provision for young teachers of Chelyabinsk region” subprogram of “Accessible and comfortable housing provision for citizens of Russian Federation” state program in Chelyabinsk region in 2010-2014;

32) Recognition of citizens being in need of dwell-buildings with the aim of putting on the list of citizens, having the right for economy-class housing acquisition within the “Housing for Russian family” program of “Accessible and comfortable housing and community facilities provision for citizens of Russian Federation” ;

33) Carrying out maintenance work in released, non-dwelled dwell buildings of municipal housing fund of Chelyabinsk in order and in cases, set by Russian Federation legislature;

34) Entry, change and cancellation of agreements on dwell-buildings of municipal housing fund social renting, as well as agreements on social use dwell-buildings of municipal housing fund renting;

35) Acknowledgement and non-acknowledgement of young families being in need of living quarters with the aim of participation in city subprogram “State Support for Young Families for Improvement of Living Conditions”;

36) Acknowledgement and non-acknowledgement of citizens being below poverty line with the aim of providing them with living quarters in accordance with social renting contract of municipal housing fund in accordance with Housing Codex of Russian Federation;

37)  Acceptance and non-acceptance of citizens into account as being in need of living quarters, provided in accordance with social renting contracts, in accordance with Housing Codex of Russia Federation; removal citizens from account as being in need of living quarters, provided in accordance with social renting contracts, in accordance with Housing Codex of Russia Federation;

38)  Removal of citizens from the register as in need of accommodation provided under contracts of social hiring in accordance with the Housing Code of the Russian Federation;

39) Acknowledgement of citizens being in need of living quarters, provided in accordance with social renting contracts of Social Use Fund;

40) Provision of free living quarters in shared accommodation units in accordance with point 59 of Housing Codex of Russia Federation;

41) Issuance of permits of quartering into living quarters of municipal housing fund, rented in accordance with social renting contract of other citizens (subrenters), to living quarters tenants;

42) Issuance of quartering permits in living quarters of municipal housing fund quartering, which are dwelled in accordance with social renting contract, of other citizens as family members;

43) Giving permission for living quarters of municipal housing fund, dwelled in accordance with social renting contracts, exchange;

44) Conclusion, change or dissolution of living quarters renting contract of specialized housing fund;

45) Conclusion, change or dissolution of living quarters renting contract of municipal housing fund for commercial use;

46) Provision of citizens with living quarters of municipal housing fund in connection with their transfer from quarters considered being not acceptable for living, and apartment houses considered being in emergency state and going under demolition or reconstruction program;

47) Approval of list of land parcels, which are planned for free provision to citizens in accordance with Chelyabinsk City bylaw by 28.04.2011 № 121-ЗО “On free provision of land parcels to private use of citizens with the aim of individual housing construction or running individual homesteading accompanied by housing construction on farmland parcel on the territory of Chelyabinsk region”, and introducing corresponding changes and additions to the approved list of land parcels;

48) Acknowledgement of a citizen as a renter in a previously concluded contract (order) of social renting instead of initial renter;

49) Conclusion of social renting contract for all living quarters dwelled by citizens within one apartment in accordance with separate social renting contracts (orders) which are unified as one family;

50) Introducing changes, acknowledgement of legal acts, issued by administrations of Chelyabinsk districts till 01.03.2015 in the area of housing relations, being stale (or cancelled) ;

51) Municipal estate and real estate privatization;

52) Municipal estate and real estate privatization conditions;

53) Change of municipal estate and real estate privatization procedure;

54) Cancellation of decision made on municipal estate and real estate privatization conditions;

55)  Running tenders (contests, auctions) for the right of municipal property possession or use transfer contract conclusion right;

56)  Assigning addresses to land plots during their formation in the framework of the powers specified in sub-paragraph 17.18 of these 10 functions and powers;

57)  Transfer of municipal property into rent without bidding (contests, auctions) in the cases specified in Article 17.1 of the Federal Law of 26.07.2006 number 135-FZ "On Protection of Competition";

58)  Sale at auction the right to sign contracts for the placement of non-stationary trade objects without allocation of land plots.

  1. Signs refusals:

- For preliminary approval of land, approval of land layouts on the territory of the cadastral plan, except the formation of land plots for the construction of capital construction, ancillary services;

- In the land formation by section, association, redistribution, except cases of formation of land for construction of capital construction, ancillary services;

- In the provision of land for permanent (unlimited) use;

- In the provision of land ownership free of charge for use housing facilities;

- On the sale of land or lease rights for construction during tenders (auctions);

- To issue permits for the use of land or land located in the municipal property of the city of Chelyabinsk, without the provision of land and easements;

- In the provision of land for the placement (installation) and operation of non-capital single garages;

- The establishment of an easement.

12. Issues powers of attorney to employees of structural units of City Administration Administrative Unit, employees of branches of industry (functional branches) of Chelyabinsk Administration bodies, district (territorial) bodies of City Administration, as well as to other persons, with the aim of representing interests of Chelyabinsk Administration:

1) in the courts of general jurisdiction, arbitration courts of all levels with the right to the commission on behalf of the Administration of Chelyabinsk of the proceedings provided by civil, arbitration, criminal and administrative procedural legislation of the Russian Federation Code of Administrative Offences, including the right to sign the statement of claim , presenting it to the court, the transfer of the dispute to the arbitration court, filing a counterclaim, a full or partial waiver of claims, reducing their size, the recognition of the claim, change of subject or cause of action, the conclusion of a settlement agreement, the transfer of authority to another person (transference) appeal against the judgment, the presentation of the executive document to the collection, to the signing of an administrative statement of claim and objections to the administrative lawsuit, filing them in court; on the application for interim measures of protection on an administrative lawsuit; to file a counter-administrative claim; to sign the reconciliation agreement of the parties or the parties' agreement on the factual circumstances of the administrative proceedings; a full or partial waiver of the administrative action or the recognition of the administrative action; to change the subject or an administrative action; obtaining property or money awarded;

2) in state bodies of power and governance, institutions, organizations and enterprises of all proprietary forms, as well as for representing in connection with the issues of municipal land control

13. Possesses the right to request and receive information from State Registration, Cadastre and Cartography Federal Service Department in Chelyabinsk region, in accordance with paragraph 7 of Federal law of 21.07.1997 № 122 “On state registration ofreal estate possession and bargain right”, including data on content of right-establishing documents, generalized information on a certain person’s rights for real estate objects he has or had in property, as well as data on recognition of the right-owner being legally incompetent or of limited competence. 

14. Provides applying for financial support for citizens transfer from emergency housing fund for municipal structure “Chelyabinsk city district” at the expense of state corporation “Housing and community facilities contribution fund” and Chelyabinsk region budget and the attached documents, proving execution by Chelyabinsk city urban district the conditions, covered by Federal law by 21.07.2007 № 185-FZ “On the Housing and Community Facilities Contribution Fund”, and signs all the necessary documents.

15. An executive, vested with right to sign the requests, submitted to the state power bodies, local governance bodies, as well as to other organizations, being sub-departmental to state power bodies, local governance bodies, and participating in state and municipal services provision. 

16. Possesses the right to use electronic signature for work with electronic services and queries in the informational and interdepartmental interaction mode;

17. Provides control and immediate guidance on labour health and safety policy in structural units of Chelyabinsk City Administration, industrial (functional) bodies of Chelyabinsk Administration, stated in paragraphs 7 of current functions and full powers list;

18. Makes changes, additions, claims invalid, cancels the legal acts issued by the Deputy Head of the City Administration for Legal and Property Affairs; First Deputy Head of Administration of the city of Chelyabinsk (in the field of housing and property relations); Deputy Head of Administration of the city of Chelyabinsk, the chairman of the Committee on Property Management and Land Relations of Chelyabinsk.

19. In case of the first Chelyabinsk City Mayor Deputy or one of the Chelyabinsk City Mayor deputies temporal absence (vacation, duty journey, illness), performs duties of corresponding executive in accordance with legal act of Chelyabinsk City Administration;

20. Executes other functions provided by Chelyabinsk municipal legal enactments;

21. Conducts personal reception of citizens.

 

City Mayor of Chelyabinsk                                                                                                                                 Teftelev E.N.