Federal Law on horticultural and dacha associations. Gardening Partnership
In order to preserve the fertility of the land and extract benefits from it, the state allocates land plots for gardening. Within these allotments, citizens are allocated individual garden plots. Driveways, streets, walkways and other infrastructure elements are organized within each section. All this, ultimately, the state assigns to gardeners on the right of common (joint) ownership, as necessary condition development of horticulture. The state goes further and legislates the share of each owner in the common land property.
You can hear further from opponents: “But I don’t need all your fuss with the organization. I can handle it myself.” I doubt that one gardener will be able to install electricity, gas, water, and other utilities, repair the access road to his plot, protect his property from thieves, and solve many other problems with local authorities and the state.
Horticultural non-profit partnership are established by citizens to solve the general problems of gardening, vegetable gardening and summer cottage farming. One gardener cannot solve global resource-intensive problems. For this purpose, SNT is being created as an organization of gardeners.
General use property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, gardening or dacha non-profit partnership is the property of such a partnership as a legal entity. This common (joint) property is managed by SNT, a legal entity, acting as a management company hired by gardeners. Let us turn to the definition of membership fees given to Sadovod in Article 1 of the Federal Law-66 dated April 15, 1998, it is quite obvious that membership fees go towards the current expenses of the partnership, that is, for the maintenance of SNT and for the acquisition and creation of property of a legal entity.
Rule: Contributions periodically made by gardeners for the maintenance of infrastructure, as well as the creation of common property, which is explicitly or indirectly aimed at maintaining the infrastructure and is not a matter of necessity arising from the law, or property owned by gardeners, will be considered membership. Federal Law-66 dated April 15, 1998, Article 21, part 1, paragraphs. 10, 11, 12 “Competence of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized persons)”
In accordance with Article 21, paragraph 1, paragraph. 10 and 12 FZ-66 of April 15, 1998 “Competence of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives)” the general meeting of SNT members approves the estimate of income and expenses of the partnership in accordance with the norms established by the Regulations of trust funds and in strict accordance with number of plots in SNT. The amount of contributions and payments lawfully follows from the estimate. Result: Gardeners have SNT income and expense estimate regulated collection and distribution of money, understandable to every gardener, for maintaining transparent accounting records.
There remains one point of the law that supposedly went unnoticed by us during the debriefing on contributions and payments. This is pp. 11 clause 1 art. 21 FZ-66 dated April 15, 1998. The time has come to decide on the penalty and its size.
As experience shows, penalty is set at 0.1% of the debt amount for each day of delay. This figure is present in many agreements concluded between parties in the Russian Federation, incl. between SNT and contractors for the performance of any work, construction of public facilities, etc. This penalty is slightly higher than that specified in Article 75 of the Tax Code of the Russian Federation, but it is quite acceptable and is recognized as unchanged for consideration in the courts.
For further work and development of recommendations for gardeners, let us turn to the Civil Code of the Russian Federation: As a result of the trial penalty may be reduced and brought into line with Article 75 Tax Code RF. Those. the court will calculate the reduced amount of debt using the following formula: where, P = N x D x CP/100% x 1/300
P- penalty; N- amount of non-payment; D— number of days of delay;
SR— refinancing rate of the Central Bank of the Russian Federation
If a gardener has property, then he freely possesses, uses, and disposes of it in accordance with Art. 209 “Content of property rights” of the Civil Code of the Russian Federation, which constitutes property rights. This right simultaneously places the burden and risk of maintaining the property on the owner (Article 210 “Burden of maintaining property” of the Civil Code of the Russian Federation). Now try to answer the question yourself: “How can one maintain a land allocation transferred to two hundred gardeners with their own individual garden plots? Everything is more or less clear. If you took ownership of it, it means you need something from this land, and you will exploit it in accordance with the permitted use.
The chairman must organize the gardeners, maintenance of public lands: the general meeting, the board and other bodies of SNT, they are also called upon to control gardeners within the limits of their competence and powers - this is confirmed by Article 14 of the Federal Law-66 of April 15, 1998.
And then we can safely say that the investment of money by gardeners in the maintenance of land allotment within the boundaries of SNT is nothing more than the periodic donation by all owners of individual garden plots of funds, called membership fees, in strict accordance with the norms of Federal Law-66 of April 15, 1998. And It is membership fees that are the basis for the existence of SNT.
By solving general social and economic problems, SNT, as an organization, creates an infrastructure that is completely specific for this particular association.
From the definition it follows that only everything taken together: common property with management and control bodies, hired workers and constitute this very infrastructure that gardeners, according to Art. 210 of the Civil Code of the Russian Federation are required to contain. Civil Code of the Russian Federation, Article 210 “Burden of maintaining property”
Federal Law-66 of April 15, 1998, Article 19 “Rights and obligations of a member of a horticultural, gardening or dacha non-profit association”
A MEMBER OF A GARDENING NON-PROFIT PARTNERSHIP IS RESPONSIBLE:
Bear the burden of content land plot and the burden of responsibility for violation of the law;
Timely pay membership and other fees provided for by this Federal Law and the Charter of the Partnership, taxes and payments for your plot and for a share in public land, payments for the maintenance of infrastructure.
The board of the horticultural association, together with interested parties, other employees, etc., calculates those cash, which must be spent on the needs of the partnership in the next year, included in the expenditure section SNT estimates. This takes into account the funds that will be spent on creating public property owned by SNT as a legal entity. This is easy to determine, knowing the purpose for which the property is acquired, to maintain the existing infrastructure. These include salaries of employees, purchases of office supplies, activities for organizing and preparing general meetings, telephone conversations, repairs of roads, fences, government buildings, water supply, power lines, etc. In other words, the specified current expenses are nothing more than maintaining that same infrastructure in normal working condition, or the same current expenses that are defined in Article 1 “Basic Concepts” of Federal Law-66 of April 15, 1998.
Example: SNT is necessary in accordance with SP 53-13330.2011 “Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures” and Federal Law-123 dated July 22, 2008 “Technical regulations on requirements fire safety» purchase a fire motor pump. In addition, it is planned to purchase a set of office equipment for the board and working tools for an electrician. All this should definitely be the property of SNT. That is, property is purchased, owned and used as the property of a legal entity. After acquisition, this property is not divided, not allocated, or returned to gardeners, except in the case of liquidation of SNT (Article 40 - 44 Federal Law-66 of April 15, 1998). It is important to highlight here that these acquisitions are made on membership fees. But according to the law, they are not returned, because... go towards the running expenses of the organization.
Let's figure it out further. Suppose we have a certain amount that has been carefully calculated by the board, and which will presumably be included in the estimate with a proposal to the general meeting to approve it as an expense part of the estimate.
Principle of collecting membership fees
In Federal Law No. 66 dated April 15, 1998, there is no clear definition on what basis a gardener must pay contributions to SNT. But this does not mean at all that SNT can do as the general meeting and the board please. This is exactly what many gardeners who do not read the law deeply think. But sometimes even the courts that make decisions on issues of contributions also believe that the meeting can do anything. This opinion is wrong.
If a gardener, by virtue of owning a large plot (or even several plots), receives more from his plot (s), then why should the provision of all these benefits be determined by equal contributions? A security guard, making a tour of the territory of the partnership, spends more time on a larger area; the board, fulfilling its duties even with the same amount of work, ultimately allows the owner of a larger plot to extract more material benefits for himself. Let's turn to the letter of the law.
Defenders of the formula do not take into account the changes made to Article 15 of the basic Federal Law-66 of April 15, 1998 by the Federal Law Federal Law-118 of June 26, 2007. In this regard, many publications are outdated, but still hang on the World Wide Web. And people often fall into these networks, believing in what is written on the pages of the sites.
Conclusion: The membership fee cannot be calculated based only on the institution of membership in a public association, which is a gardening non-profit partnership, because contribution is a primarily economic category. Member of SNT, owning a large number plots in comparison with other members should not pay the same membership fee as others, because in this case, the principle of social justice is violated and the size of the contribution for each SNT member who owns one or more plots is increased.
The principle: 1 member of SNT - 1 membership fee is correct, but the amount of the contribution cannot be the same for all members of the association.
The loophole for SNT landowners is contained in the formula itself. Don't you see? Let's explain. The newly-minted latifundist, who yelled at previous meetings about the need to take one contribution from one member, everyone has equal responsibilities in SNT, will not do this now. Having bought 9 plots, he will become the owner of a powerful plot of land with the right to make good money on it. However, he still has to pay for 10 plots. Further, the goal of our landowner will be to escalate actions secretly from SNT to combine 10 plots into one with one cadastral number. By the way, SNT is not able to stop him from doing this. After the plan is completed, in our certain SNT, instead of 100 plots, there will be 91 plots left. In the end, our owner calmly goes to the board and pays for ... - 1 plot one membership fee.
In this desperate situation of ours, poor gardeners are once again forced to pay out of their own pockets for the missing dues from 9 plots that were sold to one dodgy landowner. And again the question looms in SNT: “What to do?”
The point in this case is that the membership fee is determined by accounting calculations. Those. general meeting SNT members approve by their decision the costs and income of SNT in the next year, of which, through simple calculations, each gardener will find out the size at the meeting membership fee, tightly tied to 1 m² of his individual garden plot. As a rule, the chairman of the board in his report or the accountant in his speech, voicing the estimate, must indicate the amount of the membership fee per 1 hundred square meters. Based on the fact that garden plots, as a rule, have a standard 8 acres, the figure is announced as 8 acres (800 m²). Any gardener can easily estimate the size of his membership fee for 4 acres, 5.5 acres or 8, etc.
Article 21 paragraph 1 paragraph 10 FZ-66 dated April 15, 1998 establishes the right of the general meeting to determine the amount of contributions. Let's figure it out. Since there is no direct indication in our Federal Law-66, then, according to Article 6 of the Civil Code of the Russian Federation, we can look for similar rules in other laws.
Federal Law No. 141 of November 29, 2004 in Article 1 “On Amendments to Part 2 of the Tax Code of the Russian Federation” in Articles 388, 390, 391, 392 (Chapter 31 “Land Tax”) directly indicates the dependence of land tax on the size of the land plot. But here is what is written in Part 1 of the Tax Code of the Russian Federation, Article 38: the provisions of the article clearly determine that the amount of taxes, fees, and payments is determined depending on the size of the object in value terms. This is exactly how the tax authorities calculate the amount of land tax for us gardeners: based on the ownership of square meters plot. Let us add that the tax is paid from the object (plot), and not from the subject (citizen, gardener). The larger the object, the higher the tax will be. And the tax legislation does not care at all about a citizen’s membership in a public organization: taxes are not taken from a member of the SNT. According to tax legislation, the ownership of a specific plot to a specific owner (again, not to a member of the SNT) is determined by the subject of payment, i.e. taxpayer and nothing more.
Article 21, paragraph 1, paragraphs. 10 “Competence of the general meeting of members of a horticultural, gardening or dacha non-profit association” Federal Law-66 of April 15, 1998 on the priority of decision-making by the general meeting of members of SNT on contributions they charge one membership fee from their members, but it differs in size depending on the area of the plot each member.
On June 26, 2007, Federal Law No. 118 made a small amendment to the basic Federal Law No. 66 dated April 15, 1998: Part 2 of Article 15, indicating that one gardener can own only one plot, became invalid as of July 3, 2007 .
In accordance with Federal Law-118, any gardener can buy a neighboring plot, or even two, three - as much as he can use (cultivate).
But, if the decision of the meeting can be easily revised, then charter this is much more complicated: the new edition requires registration, and the quorum for such a meeting is not 50% of SNT members, but 2/3.
Size membership fee, tightly tied to 1 m² of his individual garden plot. As a rule, the chairman of the board in his report or the accountant in his speech, voicing the estimate, must indicate the amount of the membership fee per 1 hundred square meters.
The final accurate calculation of the contribution amount is made by an accountant. First, the total amount of SNT expenses in the next year is divided by the area of all individual plots (the board always has such initial data for calculation). The result is the cost of the membership fee per 1 m² included in individual garden plot, any gardener. By multiplying this cost by the number of meters of a specific individual plot, we get the amount of the contribution.
With this principle social justice fully complied with: whoever owns more land pays more. I believe that if the whole world, including the Russian Federation, has been living like this for a long time in accordance with accepted legislative acts, then there is no reason for SNT to live any differently.
Federal Law-141 of November 29, 2004 in Article 1 “On Amendments to Part 2 of the Tax Code of the Russian Federation” in Articles 388, 390, 391, 392 (Chapter 31 “Land Tax”) directly indicates the dependence of land tax on the size of the plot.
The provisions of the article clearly define that the amount of taxes, fees, and payments is determined depending on the size of the object in value terms. This is exactly how the tax authorities calculate the amount of land tax for us gardeners: based on the availability of square meters of land. Let us add that the tax is paid from the object (plot), and not from the subject (citizen, gardener). The larger the object, the higher the tax will be. And the tax legislation does not care at all about a citizen’s membership in a public organization: taxes are not taken from a member of the SNT. According to tax legislation, the ownership of a specific plot to a specific owner (again, not to a member of the SNT) is determined by the subject of payment, i.e. taxpayer and nothing more.
Membership fees
Quite recently, no one in our SNT had any idea about the existing Federal Law-66 of April 15, 1998 and all the norms and actions that follow from it. But times change and not always for the worse. Get to the point! Our gardeners paid membership fees in 2010 at the rate of 300 rubles per hundred square meters. This is where this calculation ended. If you think about it, it becomes clear that these contributions had nothing to do with the actual costs of SNT in 2010. In fact, why not pay 100 rubles or 500 rubles per hundred square meters. At the meeting people suggested this. Nobody substantiated anything with calculations.
In 2011, thanks to familiarity with Federal Law-66, the general meeting of members of our ancient SNT finally adopted an income and expenditure estimate, which almost corresponds to the norm of clause 1, paragraph. 12 of Article 21 “Competence of the general meeting of members of a horticultural, gardening or dacha non-profit association.” In this article we will not analyze the estimate element by element. It is important for us to decide on the principles for determining the size of the membership fee. And it clearly follows from the estimate.
So, the board, before the general meeting, at which the income and expense estimate was to be approved, worked out in advance (not 2 weeks in advance) the expenditure part of the estimate in all respects in strict accordance with the definition of membership fees given in Article 1 of Federal Law-66.
SNT expenses include all SNT expenses that society is ready to incur in the next year. These expenses will be accurately correlated with the maintenance of the SNT infrastructure and the infusion of part of the funds from contributions to a special fund. These expenses will include the salaries of the chairman, accountant, electrician, security guards, maintenance of buildings and structures, including everything common property, incl. the property that was created with targeted contributions. This also includes expenses for office supplies, trips to organizations and departments, telephone conversations, training and recertification of personnel, tax and other mandatory payments, expenses for organizing and holding general meetings, repairs of equipment, public roads, etc., etc. ., etc. In a word, the expenditure part of the estimate that forms the membership fee will include all those SNT expenses that do not create or develop infrastructure, but only maintain it in strict accordance with the norms of Articles 209, 210 of the Civil Code of the Russian Federation.
Property of common use (common property), created with funds from a special fund, i.e. As a rule, part of the membership fees is used to maintain the SNT infrastructure. This is the office equipment of the board, the general fence around SNT, the board building, the guards' guardhouse, the barrier at the entrances to SNT, fire-fighting equipment, etc. That is, property and objects that were not created with targeted contributions, and which, due to the method of creation or acquisition, become the property of SNT as a legal entity.
This property is not allocated or issued in parts, in monetary terms, in cases of SNT member leaving the association, sale of a plot, donation, etc. This property is transferred to the maintenance of the new SNT member, along with the garden plot of land from the old member (who sold, donated the plot, or otherwise transferred ownership).
Will membership fees be the same for all gardeners? The answer is obvious - no, they won’t.
The size of the membership fee for each gardener is determined: based on 1 m² from the area of your own.
If the gardener’s house is not connected to the power line, then the gardener also pays a fee for the maintenance and construction of the power line.
The legality of charging a membership fee from gardeners whose plot is not connected to the power line, but use the lighting of streets and passages in SNT at night. This case must be considered in the context of Article 249 “Costs for the maintenance of property in shared ownership” of the Civil Code of the Russian Federation. That is, if the owners of power lines at their own expense made a lighting system in SNT. The maximum that can be done in this situation is to distribute the electricity consumed by the lighting system equally among all power line owners.
So that all gardeners pay some part of the membership fee for the maintenance of the lighting system (not to be confused with the kWh of electricity consumed by the lighting system - this is utility payment) we must first gather the members of the SNT for a general meeting and make a decision on the maintenance of the lighting system, naturally, having agreed on this issue with the owners of the power lines. At the same time, the lighting system created with the help of a special fund will become the property of SNT as a legal entity, and this property will be shared in relation to the entire power transmission line. That is, there will be shared owners of power lines (gardeners), and there will also be a shared owner of SNT. It is possible, of course, to create a lighting system with targeted contributions from all gardeners; then, according to their share in the lighting system (similar to SNT’s share in power lines), gardeners will be required to pay a membership fee for the maintenance of the lighting system (replacement of lamps, preventive inspection, electrician’s salary, etc.)
As a result of all our research we have:
The income and expenditure budget certainly includes targeted contributions, which are collected separately from membership fees and are not the property of SNT, unlike membership fees (Article 4, paragraph 2 of Federal Law-66). But, targeted contributions are considered on the page “Targeted contributions to SNT. Differences from membership fees, principles of collection, amount.” Everything there is detailed and laid out on the shelves.
There is one more important point in the system of collecting membership fees. True, it also applies to all other fees in SNT:
You should know and remember, that the SNT board cannot and does not have the right not to take into account all gardeners, including abandoned plots, in the income and expenditure estimates. Otherwise, active members of SNT, at their own expense, stupidly support idlers who have not appeared in SNT for years. And the number of such people who do not appear is growing and will continue to grow if the active part, together with the board, does not take action against defaulters.
Losses that arise as a result of underfunding of the income portion of the estimate due to non-received payments, the board has the right and the obligation to recover from defaulters through the court in accordance with the requirements of Article 7 “Powers of a horticultural, gardening or dacha non-profit association”, Article 46 “Protection of the rights of horticultural , gardening, dacha non-profit associations and their members" Federal Law-66 dated April 15, 1998 and articles: 210. "Burden of maintaining property", 244 "The concept and grounds for the emergence of common property", 249 "Costs for maintaining property located in shared property" of the Civil Code of the Russian Federation.
Valid Editorial from 07.12.2011
| Name of document | FEDERAL LAW dated 04/15/98 N 66-FZ (as amended on 12/07/2011 with amendments that entered into force on 01/01/2013) “ON GARDENING, VEGETABLE HORTICULTURE AND COUNTRY NON-PROFIT CITIZENS ASSOCIATIONS” |
| Document type | law |
| Receiving authority | President of the Russian Federation, State Duma of the Russian Federation, Siberian Federation of the Russian Federation |
| Document number | 66-FZ |
| Acceptance date | 23.04.1998 |
| Revision date | 07.12.2011 |
| Date of registration with the Ministry of Justice | 01.01.1970 |
| Status | valid |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW dated 04/15/98 N 66-FZ (as amended on 12/07/2011 with amendments that entered into force on 01/01/2013) “ON GARDENING, VEGETABLE HORTICULTURE AND COUNTRY NON-PROFIT CITIZENS ASSOCIATIONS”
The second paragraph is recognized as inconsistent with the Constitution of the Russian Federation, its Articles 27 (Part 1) and 55 (Part 3), to the extent that it excludes the possibility of registering citizens at their place of residence in residential buildings owned by them that are suitable for permanent residence and are located on garden plots of land classified as agricultural lands (Resolution of the Constitutional Court of the Russian Federation dated June 30, 2011 N 13-P).
garden plot of land - a plot of land provided to a citizen or acquired by him for growing berries, vegetables, melons or other agricultural crops and potatoes (with or without the right to erect a non-permanent residential building and economic buildings and structures, depending on the permitted use of the land plot, determined by zoning of the territory);
dacha land plot - a plot of land provided to a citizen or acquired by him for recreational purposes (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and economic buildings and structures, as well as with the right to grow fruit and berries , vegetables, melons or other agricultural crops and potatoes);
horticultural, vegetable gardening or dacha non-profit association of citizens (gardening, vegetable gardening or dacha non-profit partnership, horticultural, vegetable gardening or dacha consumer cooperative, horticultural, vegetable gardening or dacha non-profit partnership) - a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social problems -economic tasks of gardening, vegetable farming and dacha farming (hereinafter referred to as a horticultural, gardening or dacha non-profit association);
entrance fees - funds contributed by members of a horticultural, gardening or dacha non-profit association for organizational expenses for paperwork;
membership fees - funds periodically contributed by members of a horticultural, gardening or dacha non-profit association to pay for the labor of employees who have entered into employment contracts with such a merger, and other operating expenses of such a merger;
targeted contributions - funds contributed by members of a horticultural, gardening or dacha non-profit partnership or a horticultural, gardening or dacha non-profit partnership for the acquisition (creation) of public facilities;
share contributions - property contributions made by members of a horticultural, market gardening or dacha consumer cooperative for the acquisition (creation) of common use property;
additional contributions - funds contributed by members of a horticultural, gardening or dacha consumer cooperative to cover losses incurred during the implementation of activities approved by the general meeting of members of the consumer cooperative;
common property - property (including land plots) intended to provide, within the territory of a horticultural, gardening or dacha non-profit association, the needs of members of such a non-profit association for passage, travel, water supply and sanitation, electricity supply, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire-fighting structures, etc.).
1. Real Federal law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of gardening, vegetable farming and dacha farming by citizens, and establishes the legal status of horticultural, vegetable gardening and dacha non-profit associations, the procedure for their creation, activities, reorganization and liquidation, the rights and obligations of their members .
Land relations arising in connection with the creation of horticultural, gardening or dacha non-profit associations, as well as in connection with the activities of such associations, are regulated by this Federal Law to the extent that they are not regulated by the legislation of the Russian Federation.
2. This Federal Law applies to all horticultural, vegetable gardening and dacha non-profit associations created on the territory of the Russian Federation, as well as to previously created horticultural, vegetable gardening and dacha partnerships and horticultural, vegetable gardening and dacha cooperatives.
Legal regulation gardening, gardening and dacha farming by citizens is carried out in accordance with the Constitution of the Russian Federation, civil, land, town planning, administrative, criminal and other legislation of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation, as well as laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local government bodies.
Chapter II. FORMS OF GARDENING, VEGETABLE GROWING AND COUNTRY HOUSING BY CITIZENS1. Citizens, in order to exercise their rights to receive garden, vegetable or dacha land plots, ownership, use and disposal of these land plots, as well as in order to meet the needs associated with the implementation of such rights, may create gardening, vegetable gardening or dacha non-profit partnerships, horticultural, gardening or dacha consumer cooperatives or horticultural, vegetable gardening or dacha non-profit partnerships.
2. In a gardening, vegetable gardening or dacha non-profit partnership, common use property acquired or created by such a partnership at the expense of targeted contributions is the joint property of its members. General use property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, gardening or dacha non-profit partnership is the property of such a partnership as a legal entity. The special fund consists of entrance and membership fees of members of such a partnership, income from its economic activity, as well as funds provided to a horticultural, gardening or dacha non-profit partnership in accordance with articles and this Federal Law, other income. The funds of the special fund are spent for purposes consistent with the tasks provided for by the charter of such a partnership.
Members of a gardening, vegetable gardening or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
3. Members of a horticultural, gardening or dacha consumer cooperative, through the pooling of share contributions, create property for common use, which is owned by such a cooperative as a legal entity. Part of the said property may be allocated to an indivisible fund.
Members of a horticultural, gardening or dacha consumer cooperative are required to annually cover the resulting losses by making additional contributions, as well as bear subsidiary liability for the obligations of such a cooperative within the limits of the unpaid portion of the additional contribution of each member of such a cooperative.
4. In a gardening, vegetable gardening or dacha non-profit partnership, common property acquired or created by such a partnership with contributions from its members is the property of the gardening, vegetable gardening or dacha non-profit partnership as a legal entity.
Members of a horticultural, gardening or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
1. A gardening, vegetable gardening or dacha non-profit association has a name containing an indication of its organizational and legal form and the nature of its activities and, accordingly, the words “non-profit partnership”, “consumer cooperative”, “non-profit partnership”.
2. The location of a horticultural, gardening or dacha non-profit association is determined by the place of its state registration.
1. A gardening, vegetable gardening or dacha non-profit association as a non-profit organization has the right to carry out entrepreneurial activity, corresponding to the goals for which it was created.
2. A gardening, vegetable gardening or dacha non-profit association is considered created from the moment of its state registration, has separate property, an income and expenditure estimate, a seal with the full name of such an association in Russian or in Russian and the state language of the corresponding republic.
3. A gardening, vegetable gardening or dacha non-profit association has the right, in the prescribed manner, to open bank accounts on the territory of the Russian Federation, to have stamps and forms with its name, as well as a duly registered emblem.
A gardening, vegetable gardening or dacha non-profit association, in accordance with civil legislation, has the right to:
carry out actions necessary to achieve the goals provided for by this Federal Law and the charter of such an association;
be liable for your obligations with your property;
on its own behalf, acquire and exercise property and non-property rights;
attract borrowed funds;
conclude contracts;
act as a plaintiff and defendant in court;
go to court arbitration court with applications to invalidate (in whole or in part) acts of authorities state power, acts of local government bodies or violations by officials of the rights and legitimate interests of a horticultural, gardening or dacha non-profit association;
create associations (unions) of horticultural, gardening or dacha non-profit associations;
exercise other powers that do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
1. Citizens have the right to conduct gardening, gardening or dacha farming on an individual basis.
2. Citizens engaged in gardening, vegetable gardening or dacha farming individually on the territory of a horticultural, vegetable gardening or dacha non-profit association have the right to use infrastructure facilities and other common property of the horticultural, vegetable gardening or dacha non-profit association for a fee under the terms of agreements concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, gardening or dacha non-profit association.
In case of failure to pay the fees established by the agreements for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association based on a decision of the board of such an association or the general meeting of its members, citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use the facilities infrastructure and other common property of a horticultural, gardening or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association are recovered in court.
Citizens engaged in gardening, gardening or dacha farming individually on the territory of a horticultural, vegetable gardening or dacha non-profit association may appeal to the court the decisions of the board of a horticultural, vegetable gardening or dacha non-profit association or the general meeting of its members on the refusal to conclude agreements on the use of infrastructure facilities and other common property of such association.
The amount of payment for the use of infrastructure facilities and other common property of a horticultural, vegetable gardening or dacha non-profit association for citizens engaged in gardening, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the specified property, cannot exceed the amount of payment for use of the specified property for members of such an association.
1. Gardening, gardening and dacha non-profit associations can create local and inter-district associations (unions).
Decisions on participation of horticultural and interdistrict associations (unions).
Decisions on the participation of horticultural, gardening and dacha non-profit associations in a local or inter-district association (union) are made by general meetings of members of such associations.
Draft constituent agreements and draft charters of local or interdistrict associations (unions) are approved by general meetings of members of horticultural, gardening and dacha non-profit associations and signed by the chairmen of the boards of such associations.
2. Local and interdistrict associations (unions) have the right to create regional (territorial, regional, republican, district) associations (unions).
Decisions on the participation of local and interdistrict associations (unions) in regional associations (unions) are made at conferences of delegates of horticultural, gardening and dacha non-profit associations - members of local (interdistrict) associations (unions).
Draft constituent agreements and draft charters of regional associations (unions) are approved at conferences of delegates of horticultural, gardening and dacha non-profit associations - members of local (inter-district) associations (unions) and signed by the chairmen of the boards of local and inter-district associations (unions).
3. Regional associations (unions) can create a federal association (union).
Decisions on the participation of regional associations (unions) in the federal association (union) are made at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions).
The draft constituent agreement and the draft charter of the federal association (union) are approved at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions) and signed by the chairmen of the boards of regional associations (unions).
4. Local, interdistrict, regional (territorial, regional, republican, district) and federal associations (unions) are created for the purpose of coordinating the activities, representing and protecting the interests of horticultural, gardening and dacha non-profit associations in relations with government bodies, local governments, public and other organizations, as well as for the purpose of providing information, legal and other services in the field of gardening, vegetable gardening and summer cottage farming.
5. Local, interdistrict, regional and federal associations (unions) are non-profit organizations.
6. A member of an association (union) retains his independence and the right of a legal entity.
7. The name of the association (union) must contain an indication of the main purpose of the activities of its members and the word “association” (“union”).
8. Financing of the activities of the governing bodies of the association (union) is carried out through contributions from their founders.
9. An association (union) of gardening, gardening or dacha non-profit associations is not liable for the obligations of its members, and members of such an association (union) bear subsidiary liability for its obligations in the amount and in the manner established by the constituent documents of such an association (union).
10. An association (union) of horticultural, gardening or dacha non-profit associations has the right to participate in the activities of international organizations of gardeners, gardeners and dacha owners in the manner established by these organizations.
11. The procedure for the creation, reorganization or liquidation of an association (union) of horticultural, gardening or dacha non-profit associations, the composition and competence of its management bodies, as well as issues of the activities of such an association (union) are regulated by the Federal Law “On Non-Profit Organizations”, the Federal Law “On public associations", other federal laws, the constituent agreement and the charter of the association (union).
12. A local, interdistrict or regional association (union) of horticultural, gardening or dacha non-profit associations may be granted the right to inspect the economic and financial activities such associations with the presentation of the results of the inspection to the boards of horticultural, gardening or dacha non-profit associations and general meetings of their members.
1. Gardening, gardening and dacha non-profit associations and associations (unions) of such associations have the right to open their representative offices on the territory of the Russian Federation. Representative offices can be opened at organizations that produce or sell planting material for agricultural crops, fertilizers, means of protecting crops from pests and diseases, building materials, agricultural machinery and equipment, agricultural and other products.
2. The representative office of a horticultural, gardening or dacha non-profit association or association (union) of such associations is a separate division located outside the location of the horticultural, gardening or dacha non-profit association or association (union) of such associations, representing their interests and protecting them.
3. The representative office of a horticultural, gardening or dacha non-profit association or association (union) of such associations is not a legal entity, is endowed with the property of the horticultural, gardening or dacha non-profit association or association (union) of such associations that created it and operates on the basis approved by such association or association ( union) provisions. The property of the said representative office is under its operational management and is accounted for on a separate balance sheet and the balance sheet of the horticultural, gardening or dacha non-profit association or association (union) of such associations that created it.
4. The representative office of a horticultural, gardening or dacha non-profit association or association (union) of such associations carries out activities on behalf of the association or association (union) of such associations that created it. Responsibility for the activities of the representative office lies with the horticultural, gardening or dacha non-profit association or association (union) of such associations that created it.
The head of the representative office is appointed by a horticultural, gardening or dacha non-profit association or association (union) of such associations and acts on the basis of a power of attorney issued by such an association or association (union).
1. Gardeners, gardeners and summer residents have the right to create mutual lending funds, rental funds, and other funds in the manner established by the Civil Code of the Russian Federation.
2. Mutual lending funds are created for the purpose of providing loans for the construction and repair of residential buildings, residential buildings, outbuildings and structures, improvement of garden, vegetable and dacha land plots. Loans are issued only to the founders of a mutual lending fund.
The Mutual Lending Fund operates on the basis of the charter approved by the founders.
The charter of a mutual lending fund, in addition to the information specified in articles of the Civil Code of the Russian Federation, must contain:
information about the amount of the founder’s contribution;
information about lending objects;
the order of priority for granting a loan;
rules for conducting cash transactions;
list of officials authorized to conduct cash transactions;
the procedure for monitoring compliance with cash discipline and responsibility for its violation;
the procedure for auditing the mutual lending fund;
information about the banks that hold mutual fund cash.
3. Rental funds are created by gardeners, vegetable gardeners and summer residents in order to provide for the founders of gardening, gardening and summer cottage non-profit associations modern means production used in the construction and repair of residential buildings, residential buildings, outbuildings and structures, landscaping and processing of garden, vegetable and dacha land plots.
The rental fund operates on the basis of the charter approved by the founders.
The charter of the rental fund, in addition to the information specified in the articles of the Civil Code of the Russian Federation, must contain:
information about the amount of the founder’s target contribution;
a list of means of production purchased for the rental stock;
the procedure for providing gardeners, market gardeners and summer residents with means of production for temporary use;
list of officials responsible for organizing the work of the rental fund.
Chapter III. ZONING OF THE TERRITORY AND PROVISION OF GARDEN, VEGETABLE AND HOLIDAY LAND PLOTS1. When zoning a territory, zones are determined that are most favorable for the development of horticulture, market gardening and summer cottage farming based on natural and economic conditions, as well as on the basis of the costs of developing inter-settlement social and engineering and transport infrastructures and in which the establishment of minimum restrictions on the use of land is ensured. plots.
2. Zoning schemes for territories for the placement of horticultural, vegetable gardening and dacha non-profit associations must contain information about the location, area and intended purpose of land plots, the permitted use of land plots, as well as information about the rights under which land plots in a specific zone can be provided to citizens .
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
This diagram serves as the basis for determining the volume of construction of access roads highways, power supply, communications facilities, as well as for the development of public transport, trade, medical and consumer services.
3. The customers of zoning schemes for territories for the placement of horticultural, gardening and dacha non-profit associations are local government bodies. The procedure for financing the development of these schemes is determined by local governments.
Clause 4 - No longer valid.
1. Providing citizens with garden, vegetable and dacha land plots is the responsibility of local governments at the place of residence of citizens.
2. Registration and accounting of applications of citizens who need to obtain garden, vegetable or dacha land plots are carried out separately by local government bodies. The order of provision of garden, vegetable or dacha land plots is determined based on the registration of relevant applications.
Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, have a preferential right to receive garden, vegetable or dacha land plots are included in a separate list.
Lists of citizens who have submitted an application for the provision of a garden, vegetable or dacha land plot, and changes in these lists are approved by the local government and brought to the attention of interested citizens.
Clause 3 - No longer valid.
4. The local government body, on the basis of an approved list of citizens who have submitted an application for the provision of a garden, vegetable or dacha land plot, determines the needs for garden, vegetable or dacha land plots. The calculation is made based on the established norms for the provision of land plots, taking into account the need to allocate public property.
Clause 5 - Lost force.
1. The local government body at the place of residence of the applicants, in accordance with the need for land plots and taking into account the wishes of citizens, petitions the local government body in charge of the land redistribution fund for the selection (preliminary approval) of the appropriate land plots.
2. The body in charge of the land redistribution fund, taking into account the zoning schemes for territories for the placement of horticultural, gardening and dacha non-profit associations, offers options for the provision of land plots or gives an opinion on the impossibility of providing land plots.
3. Based on the chosen option for the placement of land plots and their size, the local government body, taking into account the wishes of citizens and with their consent, forms the personal composition of members of the horticultural, gardening or dacha non-profit association.
4. After state registration of a horticultural, gardening or dacha non-profit association, such an association is provided with a plot of land free of charge in accordance with land legislation. After approval of the project for the organization and development of the territory of such an association and the implementation of this project, members of a horticultural, gardening or dacha non-profit association are provided with land plots of ownership. When transferred for a fee, the land plot is initially provided into the joint ownership of the members of such an association, followed by the provision of land plots into the ownership of each member of the horticultural, gardening or dacha non-profit association.
Land plots related to public property are provided to a horticultural, gardening or dacha non-profit association as a legal entity for ownership.
The general meeting of members of a gardening non-profit association has the right to decide to assign to such an association as a legal entity all the land plots allocated to it.
5. Gardening, vegetable gardening and dacha non-profit associations formed in accordance with departmental affiliation or another principle are provided with land plots in the manner established by paragraph 4 of this article.
Clause 6 - Lost force.
1. On the territory of a municipal formation, in accordance with the legislation, zones may be allocated in which garden, vegetable and dacha land plots are not provided or the rights to use them are limited (specially protected natural areas, territories with registered mineral deposits, especially valuable agricultural land, reserve territories for the development of urban and other settlements, territories with developed karst, landslides, mudflows and other natural processes that pose a threat to the life or health of citizens, a threat to the safety of their property).
Clause 2 - Lost force.
Chapter IV. CREATION OF GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS OF MEMBERS OF GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS1. A gardening, vegetable gardening or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or as a result of the reorganization of a gardening, vegetable gardening or dacha non-profit association.
2. The number of members of a gardening, gardening or dacha non-profit association must be at least three people.
3. The constituent document of a horticultural, gardening or dacha non-profit association is the charter approved by the general meeting of the founders of the non-profit association.
4. The charter of a horticultural, gardening or dacha non-profit association must indicate:
organizational and legal form;
name and location;
subject and goals of activity;
the procedure for admission to membership of such an association and withdrawal from it;
the rights and obligations of such an association;
rights, duties and responsibilities of members of such an association;
the procedure for making entrance, membership, target, share and additional contributions and the liability of members of such an association for violation of obligations to make these contributions;
the procedure for the participation of a member of such an association in work performed collectively on the basis of a decision of the general meeting of members of such an association or a meeting of authorized representatives or on the basis of a decision of the board of such an association;
the structure and procedure for the formation of management bodies of such an association, their competence, the procedure for organizing activities;
composition and competence of the control bodies of such an association;
the procedure for forming the property of such an association and the procedure for paying the cost of part of the property or issuing part of the property in kind in the event of a citizen leaving the membership of such an association or the liquidation of such an association;
terms of remuneration for employees who have entered into employment contracts with such an association;
the procedure for changing the charter of such an association;
the grounds and procedure for expulsion from members of such an association and the application of other sanctions for violation of the charter or internal rules of such an association;
the procedure for reorganization and the procedure for liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, gardening or dacha non-profit associations, the procedure for opening its representative office.
The charter of a horticultural, gardening or dacha consumer cooperative also specifies the responsibility of the members of such a cooperative for its debts.
The charter of a horticultural, gardening or dacha non-profit partnership also specifies the procedure for the formation of a special fund, which is the property of such a partnership.
5. The provisions of the charter of a horticultural, gardening or dacha non-profit association cannot contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
6. Decisions of the governing bodies of a horticultural, gardening or dacha non-profit association cannot contradict its charter.
State registration of a horticultural, gardening or dacha non-profit association is carried out in the manner prescribed by federal law
(as amended by Federal Law dated March 21, 2002 N 31-FZ, dated December 8, 2003 N 169-FZ)
Points 2 - 5 - Deleted.
1. Citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership (partnership) may be members of a gardening, vegetable gardening or dacha non-profit partnership (gardening, vegetable gardening or dacha non-profit partnership).
Citizens of the Russian Federation who have reached the age of sixteen and have land plots within the boundaries of such a cooperative can be members of a horticultural, gardening or dacha consumer cooperative.
2. In accordance with civil law, heirs of members of a gardening, vegetable gardening or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of donation or other transactions with land plots.
3. Foreign citizens and stateless persons may become members of horticultural, gardening or dacha non-profit associations. The rights of foreign citizens and stateless persons to garden, vegetable and dacha land plots are determined in accordance with the legislation of the Russian Federation.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
4. The founders of a horticultural, gardening or dacha non-profit association are considered accepted as members of such an association from the moment of its state registration. Other persons joining such an association are accepted into its membership by the general meeting of members of the horticultural, gardening or dacha non-profit association.
5. Within three months from the date of admission to membership, the board of such an association must issue a membership book or other document replacing it to each member of a gardening, vegetable gardening or dacha non-profit association.
1. A member of a horticultural, gardening or dacha non-profit association has the right:
1) elect and be elected to the governing bodies of such an association and its control body;
2) receive information about the activities of the management bodies of such an association and its control body;
3) independently manage their land plot in accordance with its permitted use;
4) carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of residential buildings, utility buildings and structures - on a garden plot of land; residential building or residential building, outbuildings and structures - on a dacha plot of land; non-permanent residential buildings, utility buildings and structures - on a garden plot of land;
5) dispose of their land plot and other property in cases where they are not withdrawn from circulation or limited in circulation on the basis of the law;
6) when alienating a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of the common property in the gardening, vegetable gardening or dacha non-profit partnership in the amount of targeted contributions; a property share in the amount of the share contribution, with the exception of that part that is included in the indivisible fund of a horticultural, gardening or dacha consumer cooperative; buildings, structures, structures, fruit crops;
7) upon liquidation of a horticultural, gardening or dacha non-profit association, receive the due share of the common property;
8) apply to the court to invalidate the decisions of the general meeting of members of a horticultural, gardening or dacha non-profit association or meeting of authorized representatives, as well as decisions of the board and other bodies of such an association, that violate his rights and legitimate interests;
9) voluntarily leave a horticultural, gardening or dacha non-profit association while simultaneously concluding with such an association an agreement on the procedure for the use and operation of utility networks, roads and other public property;
10) carry out other actions not prohibited by law.
2. A member of a horticultural, gardening or dacha non-profit association is obliged to:
1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;
2) bear subsidiary liability for the obligations of a horticultural, gardening or dacha consumer cooperative within the limits of the unpaid portion of the additional contribution of each member of such a cooperative;
3) use the land plot in accordance with its intended purpose and permitted use, without causing damage to the land as a natural and economic object;
4) not violate the rights of members of such an association;
5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;
6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;
7) develop the land plot within three years, unless another period is established by land legislation;
8) comply with urban planning, construction, environmental, sanitary and hygienic, fire safety and other requirements (norms, rules and regulations);
9) participate in events held by such an association;
10) participate in general meetings of members of such an association;
11) implement the decisions of the general meeting of members of such an association or meeting of authorized representatives and the decisions of the board of such an association;
12) comply with other requirements established by laws and the charter of such association.
Chapter V. MANAGEMENT OF GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS1. The governing bodies of a horticultural, gardening or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.
The general meeting of members of a horticultural, gardening or dacha non-profit association is the highest governing body of such an association.
2. A gardening, vegetable gardening or dacha non-profit association has the right to hold a general meeting of its members in the form of a meeting of authorized representatives.
The authorized representatives of a gardening, vegetable gardening or dacha non-profit association are elected from among the members of such an association and cannot delegate the exercise of their powers to other persons, including members of the gardening, vegetable gardening or dacha non-profit association.
Representatives of a horticultural, gardening or dacha non-profit association are elected in accordance with the charter of such an association, which establishes:
1) the number of members of such an association, from whom one authorized representative is elected;
2) the term of office of the authorized person of such association;
3) the procedure for electing representatives of such an association (by open voting or secret voting using ballots);
4) the possibility of early re-election of the authorized representatives of such an association.
(as amended by Federal Law dated November 22, 2000 N 137-FZ)
1. The following issues fall within the exclusive competence of the general meeting of members of a horticultural, gardening and dacha non-profit association (meeting of authorized representatives):
1) introducing amendments to the charter of such an association and additions to the charter or approval of the charter in a new edition;
2) admission to membership of such an association and exclusion from its members;
3) determination of the quantitative composition of the board of such an association, election of members of its board and early termination of their powers;
4) election of the chairman of the board and early termination of his powers, unless otherwise established by the charter of such an association;
5) election of members of the audit commission (auditor) of such an association and early termination of their powers;
6) election of members of the commission for monitoring compliance with legislation and early termination of their powers;
7) making decisions on the organization of representative offices, a mutual lending fund, a rental fund of such an association, on its entry into associations (unions) of horticultural, gardening or dacha non-profit associations;
8) approval of the internal regulations of such an association, including the conduct of the general meeting of members of such an association (meeting of authorized representatives); the activities of his board; work of the audit commission (auditor); work of the commission to monitor compliance with legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; internal regulations of such association;
9) making decisions on the reorganization or liquidation of such an association, appointing a liquidation commission, as well as approving interim and final liquidation balance sheets;
10) making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as establishing the size of trust funds and corresponding contributions;
11) establishing the amount of penalties for late payment of contributions, changing the deadlines for making contributions by low-income members of such an association;
12) approval of the income and expense estimate of such an association and making decisions on its implementation;
13) consideration of complaints against decisions and actions of members of the board, chairman of the board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials of the mutual lending fund and officials of the rental fund;
14) approval of reports of the board, audit commission (auditor), commission for monitoring compliance with legislation, mutual lending fund, rental fund;
15) encouragement of members of the board, audit commission (auditor), commission for monitoring compliance with legislation, mutual lending fund, rental fund and members of such an association;
16) making a decision on the acquisition of a land plot related to public property into the ownership of such an association.
The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) has the right to consider any issues of the activities of such an association and make decisions on them.
2. The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (meeting of authorized persons) is held by decision of its board, the request of the audit commission (auditor) of such an association, as well as at the proposal of a local government body or at least one fifth of the total number of members of such an association.
The board of a horticultural, gardening or dacha non-profit association is obliged, within seven days from the date of receipt of a proposal from a local government body or no less than one fifth of the total number of members of such an association or a request from the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting) authorized persons) to consider the specified proposal or demand and make a decision on holding an extraordinary general meeting of members of such an association (meeting of authorized persons) or on refusing to hold it.
The board of a horticultural, vegetable gardening or dacha non-profit association may refuse to hold an extraordinary general meeting of members of such an association (meeting of authorized persons) if the procedure established by the charter of such association for submitting a proposal or making a request to convene an extraordinary general meeting of its members (meeting of authorized persons) is not followed.
If the board of a horticultural, gardening or dacha non-profit association makes a decision to hold an extraordinary general meeting of members of such an association (meeting of authorized persons), said general meeting of members of the horticultural, gardening or dacha non-profit association (meeting of authorized persons) must be held no later than thirty days from the date receipt of a proposal or request for its implementation. If the board of a horticultural, gardening or dacha non-profit association has decided to refuse to hold an extraordinary general meeting of members of such an association (meeting of authorized representatives), it informs in writing the audit commission (auditor) of such an association or the members of such an association or the local government body, requiring an extraordinary general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives), on the reasons for the refusal.
The refusal of the board of a horticultural, gardening or dacha non-profit association to satisfy a proposal or request to hold an extraordinary general meeting of members of such an association (meeting of authorized representatives) can be appealed by the audit commission (auditor), members of such an association, or a local government body to the court.
Notification of members of a horticultural, gardening or dacha non-profit association about the holding of a general meeting of its members (meeting of authorized representatives) can be carried out in writing (post cards, letters), through appropriate messages in the media, as well as by placing relevant announcements on information boards located on the territory of such an association, unless its charter establishes a different notification procedure. Notification of a general meeting of members of such an association (meeting of authorized representatives) is sent no later than two weeks before the date of its holding. The notice of a general meeting of members of such an association (meeting of authorized representatives) must indicate the content of the issues to be discussed.
A general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is valid if more than fifty percent of the members of such an association (at least fifty percent of authorized representatives) are present at the said meeting. A member of such an association has the right to participate in voting personally or through his representative, whose powers must be formalized by a power of attorney certified by the chairman of such an association.
The chairman of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is elected by a simple majority of votes of the members of such an association present at the general meeting.
Decisions on making changes to the charter of such an association and additions to its charter or on approving the charter in a new edition, expulsion from members of such an association, on its liquidation and (or) reorganization, appointing a liquidation commission and on approving interim and final liquidation balance sheets are adopted by the general meeting members of such an association (meeting of authorized representatives) by a two-thirds majority vote.
Other decisions of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) are adopted by a simple majority of votes.
Decisions of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner established by the charter of such an association.
A member of a horticultural, gardening or dacha non-profit association has the right to appeal to court a decision of the general meeting of its members (meeting of authorized representatives) or a decision of the governing body of such an association that violates the rights and legitimate interests of a member of such an association.
3. If necessary, the decision of the general meeting of members of a horticultural, gardening or dacha non-profit association may be made by absentee voting (by poll).
The procedure and conditions for conducting absentee voting are established by the charter of the horticultural, gardening and dacha non-profit association and the internal regulations on conducting absentee voting, which must provide for the text of the ballot for absentee voting, the procedure for informing members of such an association of the proposed agenda, familiarization with necessary information and documents, making proposals to include additional issues on the agenda, as well as indicating a specific deadline for the end of the absentee voting procedure.
(as amended by Federal Law dated November 22, 2000 N 137-FZ)
The general meeting of members of a horticultural, gardening or dacha non-profit association cannot be held in absentia if the agenda includes issues of approving the income and expenditure estimates, reports of the board and the audit commission (auditor) of such an association.
(as amended by Federal Law dated November 22, 2000 N 137-FZ)
1. The board of a horticultural, gardening or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members of such an association (meeting of authorized representatives).
In its activities, the board of a horticultural, gardening or dacha non-profit association is guided by this Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies and the charter of such an association.
The board of a horticultural, gardening or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by the general meeting of members of such an association (meeting of authorized representatives), unless otherwise provided by the charter of such an association. The number of members of the board is established by the general meeting of members of such an association (meeting of authorized representatives).
The issue of early re-election of members of the board may be raised at the request of at least one third of the members of such an association.
2. Meetings of the board of a horticultural, gardening or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, as well as as necessary.
Meetings of the board are valid if at least two thirds of its members are present.
The decisions of the board of a horticultural, gardening or dacha non-profit association are binding on all members of such an association and its employees who have entered into employment contracts with such an association.
3. The competence of the board of a horticultural, gardening or dacha non-profit association includes:
1) practical implementation decisions of the general meeting of members of such an association (meeting of authorized representatives);
2) making a decision to hold an extraordinary general meeting of members of such an association (meeting of authorized representatives) or to refuse to hold it;
3) operational management of the current activities of such an association;
4) drawing up income and expense estimates and reports of such an association, submitting them for approval by the general meeting of its members (meeting of authorized representatives);
5) disposal of tangible and intangible assets of such an association to the extent necessary to ensure its current activities;
6) organizational and technical support for the activities of the general meeting of members of such an association (meeting of authorized representatives);
7) organization of accounting and reporting of such an association, preparation of an annual report and submission of it for approval by the general meeting of members of such an association (meeting of authorized representatives);
8) organizing the protection of the property of such an association and the property of its members;
9) organizing insurance of the property of such an association and the property of its members;
10) organization of construction, repair and maintenance of buildings, structures, structures, utility networks, roads and other public facilities;
11) purchase and delivery of planting material, garden tools, fertilizers, pesticides;
12) ensuring the records management of such an association and maintaining its archive;
13) hiring persons into such an association under employment contracts, their dismissal, rewarding and imposing penalties on them, keeping records of employees;
14) control over the timely payment of entrance, membership, target, share and additional contributions;
15) carrying out transactions on behalf of such an association;
(as amended by Federal Law dated November 22, 2000 N 137-FZ)
16) providing assistance to members of such an association in the free transfer of agricultural products to orphanages, boarding homes for the elderly and disabled, and preschool educational institutions;
17) carrying out foreign economic activities of such an association;
18) compliance by such an association with the legislation of the Russian Federation and the charter of such an association;
19) consideration of applications from members of such an association.
(as amended by Federal Law dated November 22, 2000 N 137-FZ)
The board of a horticultural, gardening or dacha non-profit association, in accordance with the legislation of the Russian Federation and the charter of such an association, has the right to make decisions necessary to achieve the goals of the activities of such an association and ensure its normal operation, with the exception of decisions that relate to issues covered by this Federal Law and the charter such an association falls within the competence of the general meeting of its members (meeting of authorized representatives).
1. The board of a horticultural, gardening or dacha non-profit association is headed by the chairman of the board, elected from among the board members for a term of two years.
The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.
The chairman of the board, if he disagrees with the decision of the board, has the right to appeal this decision to the general meeting of members of such an association (meeting of authorized persons).
2. The chairman of the board of a horticultural, gardening or dacha non-profit association acts without a power of attorney on behalf of such an association, including:
1) presides at meetings of the board;
2) has the right of first signature on financial documents that, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of members of such an association (meeting of authorized representatives);
3) signs other documents on behalf of such an association and minutes of the board meeting;
4) on the basis of the decision of the board, concludes transactions and opens bank accounts of such an association;
5) issues powers of attorney, including with the right of substitution;
6) ensures the development and submission for approval to the general meeting of members of such an association (meeting of authorized persons) of the internal regulations of such an association, regulations on the remuneration of workers who have entered into employment contracts with such an association;
7) carries out representation on behalf of such an association in government bodies, local government bodies, as well as in organizations;
8) considers applications from members of such an association.
The chairman of the board of a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, performs other duties necessary to ensure the normal operation of such an association, with the exception of the duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.
1. The chairman of the board of a horticultural, gardening or dacha non-profit association and members of its board, when exercising their rights and performing established duties, must act in the interests of such an association, exercise their rights and fulfill established duties in good faith and wisely.
2. The chairman of the board of a horticultural, gardening or dacha non-profit association and members of its board are liable to such an association for losses caused to such an association by their actions (inaction). In this case, members of the board who voted against the decision that resulted in causing losses to such association or who did not take part in the voting are not liable.
The chairman of the board and his members, if financial abuses or violations are identified, causing losses to such an association, may be subject to disciplinary, material, administrative or criminal liability in accordance with the law.
1. Control over the financial and economic activities of a horticultural, gardening or dacha non-profit association, including the activities of its chairman, members of the board and the board, is carried out by an audit commission (auditor), elected from among the members of such an association by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).
The work procedure of the audit commission (auditor) and its powers are regulated by the regulations on the audit commission (auditor), approved by the general meeting of members of such an association (meeting of authorized representatives).
The audit commission (auditor) is accountable to the general meeting of members of such an association. Re-elections of the audit commission (auditor) may be held early at the request of at least one quarter of the total number of members of such an association.
2. Members of the audit commission (auditor) of a horticultural, gardening or dacha non-profit association are responsible for improper performance of the duties provided for by this Federal Law and the charter of such an association.
3. The audit commission (auditor) of a horticultural, gardening or dacha non-profit association is obliged to:
1) check the implementation by the board of such an association and the chairman of the board of decisions of general meetings of members of such an association (meetings of authorized persons), the legality of civil transactions made by the management bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;
2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by a decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one fifth of the total number of members of such an association or one third of the total number of members of its board;
3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized representatives) with the presentation of recommendations for eliminating the identified violations;
4) report to the general meeting of members of such an association (meeting of authorized representatives) about all identified violations in the activities of the management bodies of such an association;
5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications of members of such an association.
4. Based on the results of an audit, if a threat is created to the interests of a horticultural, gardening or dacha non-profit association and its members, or if abuses by members of the board of such an association and the chairman of the board are identified, the audit commission (auditor), within the limits of its powers, has the right to convene an extraordinary general meeting of members of such an association.
1. In order to prevent and eliminate pollution of surface and groundwater, soil and atmospheric air household waste and wastewater, compliance with sanitary and other rules for the maintenance of land plots related to public property, garden, vegetable and dacha land plots and adjacent territories, ensuring compliance with fire safety rules during the operation of stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as in order to protect monuments and objects of nature, history and culture, at a general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives), a commission of such an association may be elected to monitor compliance with legislation, which works under the leadership of the board of such an association.
2. The commission of a gardening, gardening or dacha non-profit association for monitoring compliance with legislation provides advisory assistance to members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forestry, water legislation, legislation on urban planning, sanitary and epidemiological welfare of the population, fire safety, draws up acts on violations of the law and submits such acts for action to the board of such an association, which has the right to submit them to government bodies monitoring compliance with the law.
State bodies monitoring compliance with legislation provide advisory and practical assistance to members of this commission and must review submitted reports of violations of legislation.
3. Members of the commission of a horticultural, gardening or dacha non-profit association for monitoring compliance with legislation in the prescribed manner may be appointed as public inspectors of state bodies monitoring compliance with legislation and vested with appropriate powers.
4. In a horticultural, gardening or dacha non-profit association, the number of members of which is less than thirty, a commission for monitoring compliance with legislation may not be elected; its functions in this case are assigned to one or more members of the board of such an association.
1. Minutes of general meetings of members of a horticultural, gardening or dacha non-profit association (meetings of authorized persons) are signed by the chairman and secretary of such a meeting; These protocols are certified by the seal of such an association and are stored in its files permanently.
2. Minutes of meetings of the board and the audit commission (auditor) of a horticultural, gardening or dacha non-profit association, the commission of such an association for monitoring compliance with legislation are signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the commission of such an association for control compliance with laws; These protocols are certified by the seal of such an association and are stored in its files permanently.
3. Copies of the minutes of general meetings of members of a horticultural, gardening or dacha non-profit association, meetings of the board, the audit commission (auditor) of such an association, the commission of such an association for monitoring compliance with legislation, certified extracts from these minutes are presented for review to members of such an association at their request, as well as the local government body on whose territory such an association is located, government authorities of the corresponding constituent entity of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.
Chapter VI. FEATURES OF PROVIDING OWNERSHIP AND TURNOVER OF GARDEN, VEGETABLE AND HOLIDAY LAND PLOTS1. The provision of ownership of land plots to gardeners, vegetable gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations that have received such land plots from lands in state or municipal ownership is carried out without holding auctions for a fee or free of charge in cases established by federal laws , laws of the constituent entities of the Russian Federation.
2. Land plots related to public property are subject to transfer into the ownership of a horticultural, gardening or dacha non-profit association free of charge.
3. Citizens who own garden, vegetable or dacha land plots on the right of lifelong inheritable possession or permanent (indefinite) use, have the right to register ownership rights to such land plots in accordance with Article 25.2 of the Federal Law of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it." In this case, decisions on granting ownership of such land plots to these citizens are not required.
4. If a land plot constituting the territory of a horticultural, gardening or dacha non-profit association is provided to this non-profit association or another organization under which this non-profit association was created (organized) before the entry into force of this Federal Law, a citizen who is a member of this non-profit association has the right to acquire free ownership of a land plot provided to it in accordance with the project for organizing and developing the territory of this non-profit association or another document establishing the distribution of land plots in this non-profit association. In this case, the provision of such a land plot into the ownership of this citizen is carried out by the executive body of state power or local government body, which has the right to provide such a land plot, on the basis of an application from this citizen or his representative. The following documents are attached to this application:
Description of the location of such land plot, prepared by this citizen;
conclusion of the board of this non-profit association, which indicates the citizen to whom such a land plot is assigned, and confirms that the specified description of the location of such a land plot corresponds to the location of the boundaries of the land plot actually used by the citizen.
If previously none of the members of this non-profit association has applied for the provision of ownership of a land plot, the specified body independently requests:
information about the title documents for the land plot constituting the territory of this non-profit association in the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It ( in other cases, the specified information is requested from the applicant);
information about this non-profit association contained in the unified state register of legal entities, in the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) farms.
(as amended by Federal Law dated July 1, 2011 N 169-FZ)
5. The provision of ownership of a land plot related to public property is carried out by an executive body of state power or a local government body that has the right to provide such a plot of land, on the basis of an application submitted by a person who has the right to act without a power of attorney on behalf of a horticultural, gardening or summer cottage non-profit association or an authorized general meeting of members of this non-profit association (meeting of authorized persons) to submit the said application, in accordance with the decision of the general meeting of members of this non-profit association (meeting of authorized persons) to acquire such a plot of land into the ownership of this non-profit association. The following documents are attached to this application:
a description of the location of such a plot of land, prepared by a horticultural, gardening or dacha non-profit association;
Paragraph 3. - Lost force.
An extract from the decision of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) on the acquisition of a land plot related to public property into the ownership of this non-profit association;
constituent documents gardening, gardening or dacha non-profit association (originals or notarized copies), confirming the applicant’s right to act on behalf of this non-profit association without a power of attorney, or an extract from the decision of the general meeting of members of this non-profit association (meeting of authorized representatives), in accordance with which the applicant was authorized to submit the said application.
Information on title documents for a land plot constituting the territory of a given non-profit association is requested by the executive body and local government body with the authority to provide the specified land plot from the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from the applicant).
6. The executive body of state power or local government body that has the right to provide the relevant land plot, within two weeks from the date of receipt of the application and necessary documents in accordance with paragraph 4 or 5 of this article, is obliged to make a decision on granting ownership of such a land plot or on refusal in its provision.
The basis for refusal to provide ownership of a land plot is the prohibition established by federal law on the provision of a land plot into private ownership.
Zakonbase: Article 28 in relation to documents and information used in the framework of public services provided by executive bodies of state power of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information at the disposal of state bodies of the constituent entities of the Russian Federation, local government bodies, territorial state extra-budgetary funds or organizations subordinate to state bodies or local government bodies involved in the provision of state or municipal services does not apply until 07/01/2012 (clause 5
The turnover of garden, vegetable and dacha land plots is regulated by civil legislation, unless otherwise provided by land legislation.
Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY OF A GARDENING, VEGETABLE OR HOLIDAY NON-PROFIT ASSOCIATION1. Development of projects for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is carried out in accordance with the land use and development rules established by land and urban planning legislation, the system of state urban planning standards and rules.
2. A gardening, vegetable gardening or dacha non-profit association as a legal entity has the right to begin developing the land plot allocated to it (construction of access roads, fences, carrying out reclamation and other work) after the issuance of documents certifying the right of such an association to the land plot.
Members of a gardening, vegetable gardening or dacha non-profit association have the right to begin using garden, vegetable or dacha land plots after the organization and development of the territory of such an association has been put into practice and the general meeting of its members (meeting of authorized representatives) has approved the distribution of garden, vegetable garden or dacha land plots between members such a union.
A vegetable gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens by right of ownership, has the right to begin using the allocated land plot without drawing up a project for the organization and development of the territory of such an association.
3. A project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is drawn up on the basis of a petition from its board. The following are attached to this application:
Paragraph 2. - Lost force.
topographic survey materials, and, if necessary, geotechnical survey materials;
architectural and planning task;
technical conditions of engineering support for the territory of such an association.
The project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is coordinated with such an association that ordered this project, and is approved within two weeks by the local government body on whose territory the land plot is allocated.
The documents required for coordination and approval of project documentation are:
a project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association with an explanatory note;
financial estimates;
graphic materials on a scale of 1:1000 or 1:2000, containing a master plan for the development of the territory of a horticultural, gardening or dacha non-profit association, a drawing of the transfer of the specified project to the area, a diagram of utility networks.
Copies of the project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government body.
Information about documents certifying the right of such an association to land is requested from the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases In cases, the specified information is requested from a horticultural, gardening or dacha non-profit association).
Zakonbase: Clause 3 of Article 32 in relation to documents and information used in the framework of public services provided by executive bodies of state power of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information at the disposal of state bodies of the constituent entities of the Russian Federation Federation, local government bodies, territorial state extra-budgetary funds or organizations subordinate to state bodies or local government bodies involved in the provision of state or municipal services, does not apply until 01.07.2012 (clause 5 of Article 74 of the Federal Law of 01.07.2011 N 169-FZ)
1. Standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association are established by local government bodies in the manner established by urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics. The basis for this is the basic standards for the organization and development of the territory of such associations, established by federal executive authorities and necessary for compliance with environmental, land legislation, legislation on urban planning, sanitary and epidemiological welfare of the population, and fire safety.
2. The main standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association in accordance with urban planning legislation are:
number and size of access and internal roads;
minimum distances between buildings, structures, structures and land boundaries;
type of water supply sources;
technical characteristics of engineering support for the territory of such an association;
list of necessary fire-fighting structures;
list of security measures environment.
Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association may additionally be applied.
1. The construction of buildings and structures in a horticultural, gardening or dacha non-profit association is carried out in accordance with the project for the organization and development of its territory.
2. Monitoring compliance with the requirements for the construction of buildings and structures in a horticultural, gardening or dacha non-profit association is carried out by the board of such an association, as well as by inspectors of state bodies monitoring compliance with legislation, in the manner of designer supervision by the organization that developed the project for the organization and development of the territory of such an association , local governments.
3. The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the horticultural, gardening or dacha non-profit association and its members independently in accordance with the project for organizing and developing the territory of such an association.
4. The construction by citizens on garden, vegetable garden or dacha land plots of buildings and structures exceeding the size established by the project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association for these buildings and structures is allowed after the approval by the local government body of the construction projects for these buildings and structures in the manner established by urban planning legislation.
5. Violation of the requirements of the project for organizing and developing the territory of a horticultural, gardening or dacha non-profit association is the basis for bringing such an association, as well as its members who committed a violation, to liability in accordance with this Federal Law and other federal laws.
Chapter VIII. SUPPORT OF GARDENERS, GARDENERS, SUMMER OWNERS AND THEIR GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS BY STATE AUTHORITIES, LOCAL GOVERNMENT BODIES AND ORGANIZATIONSClause 1 - No longer valid.
2. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies have the right to:
1) introduce into the staff of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies specialists in the development of personal subsidiary and dacha farming, gardening and truck farming;
Subclause 2) - Lost force.
3) conduct educational and propaganda work in order to popularize gardening, vegetable gardening or dacha farming;
Subclause 4) - Lost force.
5) provide, through the system of state agricultural technical services, services for the supply of varietal seeds and planting material for agricultural crops, organic and mineral fertilizers, means of protecting agricultural crops from pests and diseases;
Subparagraphs 6) - 7) - Lost force.
8) reimburse in full the costs of engineering support territories of horticultural, gardening and dacha non-profit associations;
9) establish for gardeners, vegetable gardeners, summer residents and their horticultural, gardening and country non-profit associations payment standards for electricity, water, gas, telephone, determined for rural consumers.
3. Local government bodies have the right:
establish local tax benefits for contractors, individual entrepreneurs, carrying out the construction of public facilities in horticultural, gardening and dacha non-profit associations;
introduce benefits for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha plots of land and back.
4. Executive authorities of the constituent entities of the Russian Federation, local government bodies, organizations have the right:
1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;
2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;
3) provide funds for engineering support for the territories of horticultural, gardening and dacha non-profit associations up to fifty percent of the total amount of estimated costs;
4) reimburse in full the costs of engineering support for the territories of horticultural, gardening and dacha non-profit associations, carried out at the expense of targeted contributions;
5) provide funds for land management and organization of territories of horticultural, gardening and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, vegetable and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements;
6) sell equipment and materials for demolition, reconstruction and major renovation residential buildings, residential buildings, utility buildings and structures;
7) provide horticultural, gardening and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other production.
Local government bodies and organizations have the right to take into account roads, electricity supply systems, gas supply systems, water supply systems, communications and other facilities of horticultural, gardening and country non-profit associations.
5. State authorities, local government bodies and organizations have the right to support the development of gardening, market gardening and summer cottage farming in other forms.
1. Providing subventions, reimbursement of costs incurred at the expense of targeted contributions from members of horticultural, vegetable gardening and dacha non-profit associations for engineering support of the territories of such associations, land management and organization of the territories of horticultural, vegetable gardening and dacha non-profit associations, restoration and increase of soil fertility, protection of gardening, vegetable and vegetable gardens dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, and rental fund are carried out in the manner established by this Federal Law.
(as amended by Federal Law dated August 22, 2004 N 122-FZ)
Clauses 2 - 3 - Lost force.
4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations during the demolition, reconstruction and major repairs of residential buildings, residential buildings, outbuildings and structures, provision of gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other production is established by the Government of the Russian Federation.
5. Admission to the balance sheet of local government bodies and organizations of roads, electricity supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, gardening or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.
6. Standards for payment for the use of telephone communications for gardening, horticulture and dacha farming, electrical energy, gas, the introduction of benefits for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha land plots and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
7. Procedure for providing preferential terms premises, telephone communications, office equipment, utilities associations (unions) of horticultural, gardening and dacha non-profit associations are established by local government bodies.
1. Participation of horticultural, gardening and dacha non-profit associations in the adoption by state authorities or local authorities of decisions concerning the rights and legitimate interests of members of such associations is carried out through the delegation of representatives of such associations or their association (union) to meetings of state authorities or local authorities self-government making these decisions.
2. If it is necessary to make a decision concerning the rights and legitimate interests of members of a horticultural, gardening or dacha non-profit association, a state authority or local government body is obliged to notify the chairman of the horticultural, gardening or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.
3. If a decision of a state authority or local government affects the interests of one or more members of a horticultural, gardening or dacha non-profit association (laying utility networks within the boundaries of the land plots of members of such an association, installing power line supports, etc.), written consent of the owners is required (owners, users) of these land plots.
4. Participation of gardeners, gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations, associations (unions) of such associations in the preparation and adoption of decisions concerning the rights of gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations, associations (unions ) of such associations may be carried out in other forms.
5. A decision of a state authority or local government leading to a violation of the rights and legitimate interests of members of horticultural, gardening and dacha non-profit associations may be appealed to the court.
1. Assistance from state authorities and local governments to horticultural, gardening or dacha non-profit associations is carried out through the adoption of appropriate decisions and the conclusion of contracts based on written requests from horticultural, gardening or dacha non-profit associations.
2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations in carrying out state registration or re-registration of rights to garden, vegetable garden or dacha land plots, buildings and structures located on them, production boundary plans of garden, vegetable and dacha land plots in the manner and within the time limits established by law.
Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially vulnerable groups of the population, have the right to apply to local government bodies with applications for a reduction in fees for state registration or re-registration of rights to garden, vegetable or dacha land plots, buildings and structures located on them, production of plans (boundary drawings) of these areas. Local government bodies accept such applications for consideration if this question is within their competence. Within one month from the date of registration of such an application, the local government body is obliged to make a decision and notify in writing about the decision taken applicant.
3. State authorities and local governments are obliged to assist horticultural, gardening and dacha non-profit associations in:
1) carrying out work on the construction and repair of roads, power lines, water supply and sewerage systems, gas supply, communications or connection to existing power lines, water supply and sewerage systems; organization of machine and technical stations, rental funds, shops through making decisions on concluding contracts for the performance of relevant work by state and municipal enterprises, on the organization and holding of competitions for programs and investment projects for the development of infrastructures of the territories of horticultural, gardening and dacha non-profit associations, on the implementation of joint projects for the development of infrastructures of the territories of such associations, payment of a share of the costs of maintaining infrastructures if these infrastructures are intended to serve the population of the relevant territories or if the engineering infrastructure objects of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;
2) ensuring the travel of gardeners, gardeners, summer residents and members of their families to garden, vegetable and dacha land plots and back by establishing appropriate operating schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport passenger transport;
3) ensuring fire and sanitary safety, environmental protection, monuments and objects of nature, history and culture in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation through the creation of commissions to monitor the implementation of legal requirements, which include representatives of horticultural, gardening or dacha non-profit associations, state authorities and local governments.
Chapter IX. REORGANIZATION AND LIQUIDATION OF A GARDENING, VEGETABLE OR HOLIDAY NON-PROFIT ASSOCIATION1. Reorganization of a horticultural, gardening or dacha non-profit association (merger, accession, division, separation, change of organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. When reorganizing a horticultural, gardening or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.
3. When reorganizing a horticultural, gardening or dacha non-profit association, the rights and obligations of its members are transferred to the legal successor in accordance with the transfer deed or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.
4. The transfer act or separation balance sheet of a horticultural, gardening or dacha non-profit association is approved by the general meeting of members of such an association and is presented together with the constituent documents for the state registration of newly emerged legal entities or for amending the charter of such an association.
5. Members of a reorganized horticultural, gardening or dacha non-profit association become members of newly created horticultural, gardening or dacha non-profit associations.
6. If the separation balance sheet of a horticultural, vegetable gardening or dacha non-profit association does not make it possible to determine its legal successor, the newly emerged legal entities shall bear joint liability for the obligations of the reorganized or reorganized horticultural, vegetable gardening or dacha non-profit association to its creditors.
7. A gardening, vegetable gardening or dacha non-profit association is considered reorganized from the moment of state registration of the newly created non-profit association, with the exception of cases of reorganization in the form of affiliation.
8. Upon state registration of a horticultural, gardening or dacha non-profit association in the form of annexation to it of another horticultural, gardening or dacha non-profit association, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities about the termination of the activities of the affiliated association.
9. State registration of horticultural, gardening or dacha non-profit associations newly created as a result of reorganization and the entry into the unified state register of legal entities of entries on the termination of the activities of reorganized horticultural, gardening or dacha non-profit associations are carried out in the manner established by the law on state registration of legal entities.
1. Liquidation of a horticultural, gardening or dacha non-profit association is carried out in the manner prescribed by the Civil Code
2. A demand for the liquidation of a horticultural, gardening or dacha non-profit association may be presented to the court by a state authority or local government body, which is granted by law the right to present such a demand.
3. Upon liquidation of a horticultural, gardening or dacha non-profit association as a legal entity, the rights of its former members to land plots and other real estate are preserved.
1. A gardening, vegetable gardening or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or the body that made the decision on its liquidation appoints a liquidation commission and determines, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and timing for the liquidation of such an association.
3. From the moment the liquidation commission is appointed, the powers to manage the affairs of the liquidated horticultural, gardening or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in government bodies, local government bodies and the court.
4. The body carrying out state registration of legal entities enters into the unified state register of legal entities information that a horticultural, gardening or dacha non-profit association is in the process of liquidation.
5. The liquidation commission publishes in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, gardening or dacha non-profit association, the procedure and deadline for submitting claims of creditors of such an association. The deadline for submitting creditors' claims cannot be less than two months from the date of publication of the notice of liquidation of such an association.
6. The liquidation commission takes measures to identify creditors and receive receivables, and also notifies creditors in writing about the liquidation of a horticultural, gardening or dacha non-profit association.
7. At the end of the period for submitting creditors’ claims to a horticultural, gardening or dacha non-profit association, the liquidation commission draws up an interim liquidation balance sheet, which contains information about the availability of land and other common property of the liquidated association, a list of claims presented by creditors and the results of their consideration.
The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or by the body that made the decision on its liquidation.
8. After a decision is made to liquidate a horticultural, gardening or dacha non-profit association, its members are obliged to fully repay the debt on contributions in the amounts and within the time frame established by the general meeting of members of such an association (meeting of authorized representatives).
9. If the funds available to a liquidated horticultural, gardening or dacha consumer cooperative are not sufficient to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized representatives) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell part of or all common property of such a cooperative at public auction in the manner established for the execution of court decisions.
The disposal of the land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
10. If a liquidated horticultural, gardening or dacha consumer cooperative does not have enough funds to satisfy the creditors’ claims, the creditors have the right to file a lawsuit to satisfy the remaining part of the claims at the expense of the property of the members of such a cooperative.
11. Payment of funds to creditors of a liquidated horticultural, gardening or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the day of its approval.
12. After completing settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized persons) or the body that made the decision to liquidate such an association.
1. A plot of land and real estate owned by a horticultural, gardening or dacha non-profit association and remaining after satisfaction of the creditors’ claims may, with the consent of the former members of such an association, be sold in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the said land plot and real estate is transferred to the members of such an association in equal shares.
2. When determining the redemption price of a land plot and the real estate of a horticultural, gardening or dacha non-profit association located on it, it shall include the market value of the specified land plot and property, as well as all losses caused to the owner of the specified land plot and property by their seizure, including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.
1. The liquidation of a horticultural, gardening or dacha non-profit association is considered completed, such an association is considered to have ceased to exist after making an entry about it in the unified state register of legal entities, and the body carrying out state registration of legal entities reports on the liquidation of such an association in the press in which data on state registration of legal entities is published.
2. Documents and accounting records of a liquidated horticultural, gardening or dacha non-profit association are transferred for storage to the state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with these materials, and also to issue, at their request, the necessary copies, extracts and certificates
documents of horticultural, gardening and dacha non-profit associations are carried out in the manner established by the law on state registration of legal entities.2. Changes to the constituent documents specified in paragraph 1 of this article come into force from the moment of state registration of such changes.
Chapter X. PROTECTION OF THE RIGHTS OF GARDENING, VEGETABLE, COUNTRY NON-PROFIT ASSOCIATIONS AND THEIR MEMBERS. RESPONSIBILITY FOR VIOLATION OF LEGISLATION WHEN CONDUCTING GARDENING, horticulture and country house farming1. The following rights of members of horticultural, gardening and dacha non-profit associations are subject to protection in accordance with civil legislation:
1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifelong inheritable ownership of land plots;
2) rights associated with becoming a member of a horticultural, gardening or dacha non-profit association, participating in it and leaving it;
3) other rights provided for by this Federal Law and other federal laws.
2. The rights of a horticultural, gardening or dacha non-profit association to own, use and dispose of public land plots, other property of such an association, and other rights provided for by this Federal Law and other federal laws are subject to protection.
3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:
1) recognition of their rights;
2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;
3) recognition of a voidable transaction as invalid and the application of the consequences of its invalidity, as well as the application of the consequences of the invalidity of a void transaction;
4) invalidation of an act of a state authority or an act of a local government body;
5) self-defense of one’s rights;
6) compensation for losses;
7) other methods provided by law.
1. A gardener, gardener or summer resident may be subject to administrative penalties in the form of a warning or a fine for violation of land, forestry, water, urban planning legislation, legislation on sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, vegetable gardening or summer cottage non-profit associations, in the manner established by the legislation on administrative offenses.
2. A gardener, gardener or summer resident may be deprived of property rights, lifelong inheritable possession, permanent (indefinite) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.
Mandatory advance warning to a gardener, gardener or summer resident about the need to eliminate violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.
1. Officials state authorities, local governments, state and municipal institutions may be subject to administrative penalties in the form of a warning or a fine for the following violations of land legislation:
1) consideration of applications (petitions) of citizens for the provision of garden, vegetable or dacha land plots in violation of the deadlines established by law; concealment of information about the availability of free land in the areas where horticultural, gardening or dacha non-profit associations are located;
2) violation of the requirements of approved urban planning documentation when allocating garden, vegetable or dacha land plots;
3) illegal actions that entailed the unauthorized occupation of land within the boundaries of horticultural, vegetable gardening or dacha non-profit associations or in the areas where horticultural, vegetable gardening or dacha non-profit associations are located.
2. The imposition of a penalty in the form of a warning or a fine for violations specified in paragraph 1 of this article, or for other violations of the legislation of the Russian Federation, is carried out in the manner established by the Code of the Russian Federation on Administrative Offenses.
Lost power.
From the date of entry into force of this Federal Law, the USSR Law “On Cooperation in the USSR” (Vedomosti of the Supreme Soviet of the USSR, 1988, No. 22, Art. 355; Vedomosti of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, No. 355) is not applied on the territory of the Russian Federation 19, art. 350; 1990, no. 489; 1991, no. 294; art. 324, 325) in the part regulating the activities of gardening partnerships and dacha cooperatives.
1. To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts into compliance with this Federal Law within six months from the date it comes into force.
2. Instruct the Government of the Russian Federation, within three months from the date of entry into force of this Federal Law:
prepare and submit, in the prescribed manner, proposals to introduce amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
adopt regulatory legal acts ensuring the implementation of the provisions of this Federal Law.
President
Russian Federation
B.YELTSIN
Moscow, Kremlin
The website “Zakonbase” presents the FEDERAL LAW dated 04/15/98 N 66-FZ (as amended on 12/07/2011 with amendments that entered into force on 01/01/2013) “ON GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS” in the latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.
On the website "Zakonbase" you will find the FEDERAL LAW dated 04/15/98 N 66-FZ (as amended on 12/07/2011 with amendments that entered into force on 01/01/2013) "ON GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" in the latest and full version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.
At the same time, you can download the FEDERAL LAW of 04/15/98 N 66-FZ (as amended on 12/07/2011 with amendments that came into force on 01/01/2013) “ON GARDENING, VEGETABLE HORTICULTURE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS” completely free of charge, both in full and and separate chapters.
In 2017, a number of legal norms are expected to be adopted or come into force regulating the status of Russian gardening associations, the procedure for the implementation by summer residents of some property rights, as well as establishing some additional responsibilities for gardeners. Relevant initiatives are being implemented both at the level of already adopted legal acts and in the context of actively discussed bills.
Owners of summer cottages and plots of land in 2017 will need to pay serious attention to some legal norms and legislative initiatives that regulate the activities of gardeners. What is the essence of these norms, and what legal relations are covered by their jurisdiction?
Legislation on gardening associations in 2017: what will change
In 2017 in Russian legislation regulating legal relations involving gardening partnerships, significant changes are expected. They will be expressed:
- With the entry into force of a number of amendments to the Federal Law “On Gardening Associations” dated 04/15/1998 No. 66-FZ. The essence of the amendments is to establish an obligation for gardeners’ associations to form a register of participants - before 06/01/2017 or a month after the state registration of the association (if it was implemented after the said amendments entered into force).
- In the transition to the jurisdiction of the Federal Law “On State Registration of Real Estate” dated June 13, 2015 No. 218-FZ, the procedure for state registration of land plots. The essence of the initiative is the establishment, since 2017, of obligations for owners of garden plots (including those owned by members of partnerships) to formalize technical plan for a house on a summer cottage - as a condition for registering ownership of the house.
- The possible adoption of a completely new Law on gardening partnerships in 2017 - based on bill No. 1160742-6. The essence of the initiative is the adoption of a fundamentally new legal act on gardening organizations, which should replace Federal Law No. 66.
In the press, as well as in thematic publications on legal topics, the adoption of a “new law” on gardening partnerships is generally understood as the approval of just this bill (which, it is worth noting, should undergo several more readings in the State Duma).
It is worth noting that the “new law” on gardeners’ organizations (in the broad sense of this term) can unofficially be understood as 2 other specified legislative initiatives. We will also pay attention to them later in the article.
New Federal Law on gardening associations (bill No. 1160742-6): main provisions
- The fact that summer residents can establish associations, presented only in the form of a partnership (which can be horticultural or gardening) - as a type of partnership of property owners.
- The fact that exclusively garden, but not vegetable plots of land can be used for the construction of residential buildings (in which the owners are expected to reside permanently).
- On the consolidation in the legislation of the Russian Federation of the concept of “garden house” instead of the term “residential building”, which is used in the current federal legal act on associations of gardeners.
- On the regulation of the procedure for the formation of partnership management bodies in such aspects as:
- joining the ranks of the partnership, leaving it;
- informing members of the partnership about its activities;
- determination of a list of issues that cannot be resolved by the association of gardeners by absentee voting of its participants.
- On determining the key principles for calculating contributions of members of the organization, methods of spending these contributions, and their economic justification.
- On the regulation of the circulation of common property of members of the organization.
- On abandoning the practice of concluding agreements between participants in partnerships and citizens who are not members of the partnership, despite the fact that these citizens are assigned responsibilities for the maintenance of the common property of the relevant organizations.
The bill does not provide for the re-registration of already created associations. It will only be necessary to bring their accounting documents into compliance with the adopted Federal Law when making the first changes to these documents after this legal act comes into force.
When will the law on gardening associations be adopted?
Official data regarding the specific timing of the adoption of a federal legal act based on bill No. 1160742-6 has not yet been published in any sources. Thus, it is unknown whether the corresponding federal legal act on gardening organizations will be adopted in 2017 (although this is expected in the expert community).
In October 2016, the bill was considered by the Council State Duma, after which it is sent to various authorities (legislative, executive structures, the Accounts Chamber, the Public Chamber) for the preparation of reviews, comments, and proposals.
State Duma Committee on natural resources, property, as well as land relations, it was ordered to prepare a corresponding draft law for consideration by State Duma deputies. But, again, no official deadline for completing this training has been published.
Thus, the current legal act regulating the sphere of legal relations with the participation of gardening organizations is Federal Law No. 66. As we noted above, a number of amendments have been initiated in relation to it. Let's study them.
Current law on horticultural partnerships (Federal Law No. 66): amendments of 2017
So, while bill No. 1160742-6 has not been approved, legal relations with the participation of gardening associations are regulated by Federal Law No. 66. A number of amendments have been made to this legal act that establish certain obligations for participants in gardening partnerships in 2017.
Namely, Article 19.1 appeared in Federal Law No. 66, which established an obligation for members of each gardening organization to form a register of members of the corresponding structure. This registry must be formed before 06/01/2017 or within 1 month from the date of state registration of the gardeners’ association (if it was carried out after the amendments in question came into force).
The register of partnership participants must comply with the requirements of the legislation on personal data. It must contain:
- Full name of the members of the association;
- postal or email addresses of participants;
- cadastral numbers of plots that belong to members of the partnership (as soon as the plots are distributed between them);
- other information provided for by the organization’s charter.
In addition, Article 19.1 of Federal Law No. 66 obliges participants of partnerships to promptly inform governing bodies relevant associations about changes in the specified information.
Dachas and Federal Law on real estate registration: what should participants of partnerships pay attention to?
In 2017, the provisions of the Federal Law “On State Registration of Rights to Real Estate” dated June 21, 1997 No. 122-FZ actually lost force. Instead, the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218 came into force.
In the previously in force Federal Law No. 122 there was wording according to which the procedure for state registration of a house located on a garden plot as property involves submitting to the registration authorities a declaration about the real estate object - in the form approved by Order of the Ministry of Economic Development of Russia dated November 3, 2009 No. 447.
In turn, Federal Law No. 218 contains another requirement - about mandatory registration technical plan. Its preparation, as a rule, requires significantly greater expenses for the owner of the dacha - you need to contact special organizations and order a technical plan there for a fee.
Summer residents could fill out the declaration on their own without much difficulty. This simplified procedure was implemented within the framework of the so-called “dacha amnesty” mechanism (it may be noted that the simplified registration of a plot according to the corresponding mechanism in Federal Law No. 218 remained unchanged).
Many citizens of the Russian Federation, being members of gardeners' associations and owners of dacha territories, do not have title documents for ownership of a house located on the site. Nevertheless, the legislation of the Russian Federation allows these citizens to still register the corresponding houses as their property.
Author: . Diploma profession: political scientist (Syktyvkar state university). Current occupation: Journalist (business topics). Experience in writing articles in Forbes and Delovoi Petersburg publications. Entrepreneur.
February 11, 2017.
In 2019, a new law on SNT comes into force, and in 2018, gardeners need to prepare for both the pros and cons of the new legislation that will regulate the activities of their partnership. Opinions regarding the new law differ, and while some say that thanks to the new law, the activities of SNT will be adjusted complete order, others clutch their heads and predict the desolation of partnerships when people simply abandon their plots. Until the law comes into force, it is not entirely clear what to expect from it. The law on SNT - what to start preparing for in 2018, how the life of gardeners will change in the future, 2019.
Briefly about the new law on SNT - how the life of gardeners will change in 2019
The new law on SNT is indeed revolutionary in many ways; it eliminates many of the inconsistencies and illogicalities that were previously present in the legislation that regulates the activities of gardening and other partnerships. Here are its main points:
- From 2019, only two forms of organizing such associations will remain in Russia: horticultural and gardening partnerships. No more partnerships and cooperatives. Summer cottages become garden ones.
- In gardening partnerships, you can build a dacha and other permanent buildings on a plot, but not in a gardening partnership. We are talking specifically about the construction of new such structures. The old ones will be legalized, but it will not be possible to build a new one until the status of the partnership changes.
- It will be easy to register in a gardening association (“registration”) - no more difficult than in an apartment that you own.
- Individual gardeners who have left the partnership, although they continue to use its infrastructure, will be required to pay all due fees.
- The fees that gardeners will pay can only be membership and targeted. All purposes for which additional contributions may be collected are described by law. There can no longer be any entrance fees, as well as contributions for unclear purposes.
- Contributions will be made only through a bank to the account of the partnership as a legal entity. No payment of board dues on Thursdays from 17:00 to 19:00 and no cash, further fate which is not entirely clear. Everything is transparent and official.
- Only individuals who have a plot in this SNT can be members of the partnership.
- The board of the partnership must have a minimum of three people, with a maximum of 5% of the members. The powers of the board will last not two years, as before, but five years.
- Payment of land tax for common land(roads, etc.) will be divided in proportion to the participant’s share in the partnership.
What in the law on SNT worries observers
The new law on SNT, for which in 2018 all partnerships, cooperatives and other existing ones begin to actively prepare last year forms of organization for gardeners is causing concern among some observers.
Despite what the law dictates certain order, the following points raise questions:
- The law does not very clearly spell out many of the nuances regarding buildings on the site - what can be built, what cannot be built, how the taxation of this property will occur.
- The board may include a person who is not a member of the partnership at all. Theoretically, all board members may turn out to be outsiders. However, this is why board elections exist, so that the partnership participants treat them responsibly and look at who they choose.
- Gardeners are prohibited from selling their products on the street. That is, from 2019, a grandmother who earns extra money by selling onions grown on the street must register as an individual entrepreneur and offer her products retail chains, then submit reports, pay taxes, etc. It is clear that this is absolute absurdity.
- The norm, which affects individual gardeners who are required to pay fees, does not always restore justice in practice. In some cases, people inherit a plot of land, do not want to sell it, but do not plan to use it. Previously, they could notify the board and reduce the fees paid to a minimum. Now they have to pay for water, garbage collection and other common benefits, which in fact they do not use, on an equal basis with everyone else.
Thus, exactly how the new law on SNT will manifest itself will become clear after it comes into force. It is obvious that in some cases, behind dissatisfaction with the new norms there may be the interests of those who are satisfied with the current state of affairs and who are taking advantage of the opportunities provided by the laws currently in force. Many chairmen are comfortable accepting contributions in cash, some of which stick to their hands. Many cooperative members find it convenient not to pay dues at the same rate as everyone else. The new legislation is generally fairer and brings some order. Although, of course, it is full of nuances, the effect of which is not always possible to predict.
RUSSIAN FEDERATIONFEDERAL LAW
On amendments to the Federal Law “On gardening, gardening and dacha non-profit associations of citizens”
Article 1
Introduce into the Federal Law of April 15, 1998 N 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” (Collected Legislation of the Russian Federation, 1998, N 16, Art. 1801; 2000, N 48, Art. 4632; 2002, N 12, art. 1093; 2003, N 50, art. 4855; 2006, N 27, art. 2881; 2007, N 27, art. 3213; 2014, N 26, art. 3377) the following changes:
1) paragraph seven of Article 1 after the words “association for” shall be supplemented with the words “maintenance of property for common use,”;
2) in paragraph 4 of Article 16:
a) add a new paragraph eight with the following content:
“The procedure for establishing the amount of membership fees. This order may provide, inter alia, for establishing the amount of the membership fee depending on the area of the land plot of a member of such an association and (or) total area real estate objects belonging to him and located on this land plot;”;
c) add a new paragraph nineteen and paragraph twentieth with the following content:
“the procedure for maintaining the register of members of a horticultural, gardening or dacha non-profit association (hereinafter also referred to as the register of members of the association);
The procedure for providing members of such an association with information about the activities of the management bodies and control body of such an association.”;
d) paragraphs eighteen and nineteen are considered paragraphs twenty-one and twenty-two, respectively;
3) in article 19:
a) paragraph 1 is supplemented with subparagraph 2_1 with the following content:
“2_1) get acquainted with documents related to the activities of the association, provided for in paragraph 3 of Article 27 of this Federal Law, and receive copies of such documents;”;
b) paragraph 2 shall be supplemented with subparagraph 11_1 with the following content:
“11_1) within ten days from the date of termination of the rights to the land plot belonging to him, notify in writing the board of the horticultural, gardening or dacha non-profit association;”;
4) Chapter IV should be supplemented with Article 19_1 as follows:
“Article 19_1. Register of members of a horticultural, gardening or dacha non-profit association
1. No later than one month from the date of state registration of a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, the chairman of the board of the association or another authorized member of the board of the association shall create and maintain a register of members of the association.
2. The collection, processing, storage and distribution of information necessary for maintaining the register of members of the association is carried out in accordance with this Federal Law and the legislation of the Russian Federation on personal data.
3. The register of members of the association must contain:
1) last name, first name, patronymic (if any) of a member of such an association;
2) postal address and (or) email address at which messages can be received by members of such an association;
3) cadastral (conditional) number of the land plot, the owner of which is a member of such an association (after the distribution of land plots between members of the association), and other information provided for by the charter of such an association.
4. A member of the relevant association is obliged to provide reliable information necessary for maintaining the register of members of the association and promptly inform the board of the association about changes in the specified information.”;
5) paragraph three of paragraph 3 of Article 21 should be stated as follows:
“If the agenda of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association includes issues of amending the association’s charter or approving it in a new edition, liquidation or reorganization of the association, approval of the income and expenditure estimates, reports of the board and the audit commission (auditor) of the association, Absentee voting (by poll) on such issues is not permitted, except if the general meeting of members of the association, which was held through the joint presence of members of the association and the agenda of which included the specified issues, did not have the quorum provided for in paragraph seven of paragraph 2 of this article .";
6) in article 22:
a) paragraph three of clause 2 should be supplemented with the following sentence: “In case of equality of votes, the vote of the chairman of the board is decisive.”;
b) paragraph 3 shall be supplemented with subparagraph 20 with the following content:
“20) maintaining a register of members of the association.”;
7) in article 27:
a) paragraph 3 should be stated as follows:
"3. Members of a horticultural, gardening or dacha non-profit association and citizens engaged in gardening, horticulture or dacha farming individually on the territory of a horticultural, gardening or dacha non-profit association, upon their request, must be provided with the following for review:
1) the charter of a horticultural, gardening or dacha non-profit association, changes made to the charter, a certificate of registration of the relevant association;
2) accounting (financial) statements of the association, income and expense estimates of the association, a report on the implementation of this estimate;
3) minutes of general meetings of members of a horticultural, gardening or dacha non-profit association (meetings of authorized persons), meetings of the board, audit commission (auditor) of the association, commission of the association for monitoring compliance with legislation;
4) documents confirming the voting results at the general meeting of members of a horticultural, gardening or dacha non-profit association, including voting ballots, voting proxies, as well as decisions of members of the association when holding a general meeting in the form of absentee voting;
5) title documents for public property;
6) other internal documents provided for by the charter of a horticultural, gardening or dacha non-profit association of citizens and decisions of the general meeting of members of the association.”;
b) add paragraph 4 with the following content:
"4. A gardening, vegetable gardening or dacha non-profit association is obliged to provide a member of the association, a citizen engaged in horticulture, gardening or dacha farming individually on the territory of such an association, upon their request, with copies of the documents specified in paragraph 3 of this article. The fee charged by the association for providing copies cannot exceed the cost of their production. Providing copies of the documents specified in paragraph 3 of this article to the local government body on whose territory such an association is located, to the state authorities of the corresponding subject of the Russian Federation, judicial authorities and law enforcement agencies is carried out in accordance with their requests in writing.”
Article 2
1. Gardening, gardening or dacha non-profit associations of citizens created before the entry into force of this Federal Law are required to create a register of members of the relevant association before June 1, 2017.
2. The charters of horticultural, gardening and dacha non-profit associations of citizens are subject to being brought into compliance with the norms of the Federal Law of April 15, 1998 N 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens” (as amended by this Federal Law) upon the first change of constituent documents of such legal entities. When registering these changes made to the constituent documents, no state fee is charged.
Article 3
This Federal Law comes into force on the date of its official publication.
President
Russian Federation
V.Putin
Electronic document text
prepared by Kodeks JSC and verified against:
Official Internet portal
legal information
www.pravo.gov.ru, 04.07.2016,
N 0001201607040119
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