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Construction of Public Roads at the Meeting Point of Different Legislation Systems

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Construction of Public Roads at the Meeting Point of Different Legislation Systems Journal of Ecological Engineering Volume 18, Issue 6, Nov. 2017, pages 86–94 DOI: 10.12911/22998993/76217 Research Article CONSTRUCTION OF PUBLIC ROADS AT THE MEETING POINT OF DIFFERENT LEGISLATION SYSTEMS Maria Hełdak¹, Elena Bykowa² ¹ Wroclaw University of Environmental and Life Sciences, Department of Spatial Economy, ul. Grunwaldzka 55, 50-357 Wrocław, Poland, e-mail: [email protected] ² Saint-Petersburg Mining University, Department of Engineering Geodesy, Russia, e-mail: [email protected] Received: 2017.07.07 ABSTRACT Accepted: 2017.08.12 The study discusses the topic of transport accessibility in Poland and the Russian Published: 2017.11.01 Federation. The authors have analysed the principles of acquiring land for the con- struction of public roads, network development and problems that accompany the development of national roads. Since the political transformation at the beginning of the 1990’s, Poland and Russian Federation have been in the need of legislative changes that would facilitate the acquisition of land for road investments. The study presents the dynamic development of the national roads system in Poland, after the accession to the European Union, and improvement of the communication system in the Russian Federation. Keywords: road density, development of transportation networks, public roads, Russian Federation, Poland INTRODUCTION differences in transport accessibility. Since then, Poland has benefitted from the opportunity to Poland has been struggling with the problem use EU subsidies and funding. The use of means of transport accessibility for a long time. In spite of from the European budget for infrastructural de- numerous investments in this area, deficits in the velopment forced the Polish government to take system of road networks and international routes actions to provide legal regulations with respect are still visible. This creates economic barriers and to the preparation and realisation of investments. delays the development of the country. In the Rus- The main focus was the development and im- sian Federation, transport accessibility also remains provement of the national road network. a serious problem, which is additionally amplified Proponents of smart growth commonly make by extremely large surface area of the country. several specific propositions about the relation- Roads are a significant component of devel- ships between transportation and land use: (1) opment bringing complex social, economic, and building more highways will contribute to more ecological impacts [Forman and Deblinger, 2000]. sprawl, (2) building more highways will lead to Road freight transport is still the main mode more driving, (3) investing in light rail transit of transport both in Poland and Europe. Polish systems will increase densities, and (4) adopt- transport to the East is particularly important. On ing new town planning strategies will reduce the one hand, due to the low fuel prices in Russia automobile use [Hendy, 2005]. and the ability to increase profits, this transport The problems of regulatory support to road is cost-effective, but on the other hand, it is char- engineering are researched by such scientists as acterized by a high risk, such as theft or lack of Gate [2011], Rymantsev [2012], Gryada [2013] return loads [Lorenc and Więcek, 2014]. Poland’s and others. Theoretical and methodical aspects of accession to the structures of the European Un- making amends caused by withdrawal of nonstate ion had a significant influence on the reduction of land are presented in works of Nozdrachov [2015] 86 Journal of Ecological Engineering Vol. 18(6), 2017 and Obolonkova [2015]. Problems of new road ACQUISITION OF LAND FOR THE construction and modernization of existing high- PURPOSES OF PUBLIC ROAD ways are mentioned in works of Smirnov and Tel- CONSTRUCTION egin [2012] and others. A plenty of scientific stud- ies confirm the topicality of the described theme. The Act of April 10, 2003 on special rules The aim of the study is to discuss the theo- for the preparation and implementation of public retical aspects related to the acquisition of land road investments (hereinafter referred to as “the for the purposes of road investments both in Po- Act on Public Road Investments”), specifies the land and in the Russian Federation. The prob- principles and conditions for the preparation of lems related to the acquisition of real property for road investments. The Act has been amended sev- the construction of public roads have been pre- eral times. Two most important amendments were sented on the example of the S – 8 express road introduced on December 16, 2006 and September Wroclaw – Warsaw and Saint-Petersburg Ring 18, 2008. These dates mark the three stages of the Road, preceded by an analysis of the transforma- process of land acquisition for the construction of tions in the road network basing on motorways public roads: and express roads. a) STAGE I – until December 16th, 2006; b) STAGE II – from December 16th, 2006 to Sep- th MATERIAL AND METHODS tember 18 , 2008; c) STAGE III – from September 18th, 2008 [Bełej The data analysed in this study have been and Walacik, 2009]. processed with the use of the statistical descrip- The first two methods were applied during the tion and comparative analysis methods. The aim acquisition of land for the construction of roads of the statistical description method is to sum- of local territorial self-government units, and they marize a set of data. This technique was used for were regulated by the provisions of the Act on the analysis of data concerning the length of re- Real Estate Management. As far as national roads alised roads and the costs of their construction. were concerned, the procedure was different. In The collected data have been presented in a form such cases, the provisions of the Act on Public of tables and visualised in a form of bar diagrams Road Investments were applicable. The proce- and pie charts. dure of land acquisition was started by a decision The comparative analysis method is used to on the determination of the location of the road, compare objects described with the use of numer- issued by the respective Voivode. ous attributes. It is based on the analysis of rela- After the amendment, public roads were lo- tions between market data. This study employs calised pursuant to the decision concerning the the following comparative analysis techniques: location of the road. The said decision was is- a) quantitative – based on statistical and graphic sued upon the request of the respective road op- analysis of a set of data; erator. Decisions for national roads were issued b) qualitative – consisting in a relative compari- by the Voivode, and for other roads – by the sta- son of descriptive, non-measurable data. rosta. Such decisions specified the boundaries The scope of the study was considered with and confirmed the division of the real property respect to the following aspects: [Źróbek and Walacik, 2008]. 1) Thematic scope – referring to the theoretical During Stage III, a new type of decision was aspects of land acquisition for public roads and introduced by the amendment to the Act – deci- to the development of road networks in Poland sion on the building permit for road works invest- and Russia; ment. This decision has replaced the decision on 2) Time scope covering the dynamics of changes the location of the road and on the building permit. in the transport infrastructure after 2003 in Po- Regulations introducing the decision on build- land and 2000 in Russia. For Poland, this refers ing permit for road works investment resulted in to the period after the accession to the European the replacement of five separate administrative Union with respect to motorways and express procedures with a single procedure leading to an roads; For Russia this refers to period of land administrative decision. This decision combines: reform and transition to the market economy; a) the determination of the location of the road; 3) The geographic scope refers to the territories of b) the confirmation of the division of real property; Poland and the Russian Federation. c) expropriation of the real property; 87 Journal of Ecological Engineering Vol. 18(6), 2017 d) approval of the construction design and build- the land parcel is planned for municipal or state ing permit; aid roads or use of subsurface resources (article e) limitations in the usage of adjacent real prop- №56.4 of the Land Code of the Russian Federa- erty [Trembecka, 2011; Hełdak, 2016]. tion). Innovations also provide opportunity to withdraw land at the request of organizations, The aim of the Act of April 10, 2003 on spe- which are on the special list. This list of organiza- cial rules for the preparation and implementa- tions should be established by the Government. tion of public road investments was to simplify A mechanism of withdrawal and land grant- the road construction process. The initial provi- ing for federal and regional importance roads sions of the Act proved time consuming in prac- construction and reconstruction might be divided tice, so the Act was amended. The amendments into the following steps: simplified the procedure of land acquisition for • Filing of application for withdrawal to the the realisation of public road investments, which competent executive authorities or to the local in turn accelerated the process of constructing government agency. public roads. • Revealing the persons whose real estates will In Russia, as in Poland land granting is inex- be withdrawn using United State Register of tricably connected with withdrawal. All land par- Real Estate Rights and Transactions. cels are formally or practically involved in a par- ticular sphere, each of them is owned and used by A legal owner of withdrawn land can ask to an individual person or state. Allotment of land provide him another land parcel or real property for roads consists of land-use withdrawal plan- or interest in it, which value will be applied to- ning and/or land granting for state and municipal wards loss recovery.
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