Annotation

This article examines the legal nature of the placement of apartments in public and business territorial zones as a special form of indirect economic management of the territory. It is argued that allowing apartments as part of the permitted uses of public and business zones is not an accidental deviation from the logic of functional zoning, but rather a tool for redistributing budgetary burdens and shaping the municipal revenue base. Particular attention is given to Resolution No. 4-P of the Constitutional Court of the Russian Federation of February 3, 2026, which identified a constitutionally significant contradiction between the actual use of non-residential premises for residential purposes and the formal sectoral structure that excluded registration at the place of residence in some such premises. It is demonstrated that the legal position of the Constitutional Court calls into question the sustainability of the "economic zoning" model, under which the municipality receives fiscal benefits from quasi-residential development in public and business zones without fully assuming the social and infrastructural obligations characteristic of residential development.