It does not work Edition from 15.04.1998
| Document name | FEDERAL LAW No. 66-FZ of April 15, 1998 "On GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" |
| Type of document | law |
| Host body | president of the rf, cd rf, sf rf |
| Document Number | 66-FZ |
| Acceptance date | 01.01.1970 |
| Revision date | 15.04.1998 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW No. 66-FZ of April 15, 1998 "On GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS"
Accepted
State Duma
March 11, 1998
Approved
Federation Council
April 1, 1998
Chapter I. General Provisions
For the purposes of this Federal Law, the following basic concepts are used:
garden land plot - a land plot provided to a citizen or acquired by him for growing fruits, berries, vegetables, melons or other crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures) ;
garden land plot - a land plot provided to a citizen or acquired by him for growing berries, vegetables, melons or other crops and potatoes (with or without the right to erect a non-permanent residential building and outbuildings and structures, depending on the permitted use of the land plot, determined under zoning of the territory);
dacha land plot - a land plot provided to a citizen or acquired by him for the purpose of recreation (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 outbuildings and structures, as well as with the right to grow fruit, berry , vegetables, melons or other crops and potatoes);
horticultural, horticultural or dacha non-profit association of citizens (horticultural, horticultural or dacha non-profit partnership, horticultural, horticultural or dacha consumer cooperative, horticultural, horticultural or dacha non-profit partnership) - a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social - economic tasks of horticulture, horticulture and dacha farming (hereinafter referred to as a horticultural, horticultural or dacha non-profit association);
entrance fees - cash contributed by members of a horticultural, horticultural or dacha non-profit association for organizational expenses for paperwork;
membership fees - funds periodically contributed by members of a horticultural, horticultural or dacha non-profit association to pay employees who have entered into employment contracts with such an association, and other current expenses of such an association;
target contributions - funds contributed by members of a horticultural, horticultural or dacha non-profit partnership or a horticultural, horticultural or dacha non-profit partnership for the acquisition (creation) of public facilities;
share contributions - property contributions made by members of a horticultural, horticultural or dacha consumer cooperative for the acquisition (creation) of common property;
additional contributions - funds contributed by members of a horticultural, gardening or dacha consumer cooperative to cover losses resulting from the implementation of measures approved by the general meeting of members of the consumer cooperative.
1. This Federal Law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of gardening, horticulture and dacha farming by citizens, and establishes legal status horticultural, horticultural 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, horticultural 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 law. Russian Federation.
2. This Federal Law applies to all horticultural, horticultural and dacha non-profit associations created on the territory of the Russian Federation, as well as to previously established horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives.
Legal regulation of gardening, horticulture 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 those adopted in accordance with them laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of bodies local government.
Chapter II. FORMS OF GARDENING, HORTICULTURE AND COUNTRY HOUSE MANAGEMENT BY CITIZENS1. Citizens, in order to exercise their rights to receive garden, garden or country plots of land, possession, use and disposal of these land plots, as well as in order to meet the needs associated with the exercise of such rights, may create gardening, gardening or country non-profit partnerships, horticultural, horticultural or dacha consumer cooperatives or horticultural, horticultural or dacha non-profit partnerships.
2. In a horticultural, horticultural or dacha non-commercial partnership, common use property acquired or created by such a partnership at the expense of earmarked contributions is the joint property of its members. Common property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, horticultural 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 35, 36 and 38 of this Federal Law, other receipts. The funds of the special fund are spent for purposes corresponding to the tasks provided for by the charter of such a partnership.
Members of a horticultural, horticultural 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, horticultural or dacha consumer cooperative, through the pooling of share contributions, create common property 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, horticultural or dacha consumer cooperative are obliged to annually cover the resulting losses by making additional contributions, and also bear subsidiary liability for the obligations of such a cooperative within the unpaid part of the additional contribution of each of the members of such a cooperative.
4. In a horticultural, horticultural or dacha non-profit partnership, common property acquired or created by such a partnership with contributions from its members shall be the property of the horticultural, horticultural or dacha non-commercial partnership as a legal entity.
Members of a horticultural, horticultural 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 horticultural, horticultural 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, horticultural or dacha non-profit association is determined by the place of its state registration unless otherwise provided by the charter of such association in accordance with the law.
1. A horticultural, horticultural 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 horticultural, horticultural or dacha non-profit association is considered established from the moment of its state registration, owns separate property, income and expenditure estimates, 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 horticultural, horticultural or dacha non-profit association shall have the right, in accordance with the established procedure, to open bank accounts on the territory of the Russian Federation, to have stamps and letterheads with its name, as well as an emblem registered in accordance with the established procedure.
A horticultural, horticultural or dacha non-profit association, in accordance with civil law, has the right to:
carry out the actions necessary to achieve the goals provided for by this Federal Law and the charter of such an association;
be liable for their obligations with their property;
acquire and exercise property and non-property rights on its own behalf;
attract borrowed funds;
conclude contracts;
act as a plaintiff and defendant in court;
apply to the court, arbitration court with applications for invalidation (in whole or in part) of acts of bodies state power, acts of local self-government bodies or on violation by officials of the rights and legitimate interests of a horticultural, horticultural or dacha non-profit association;
create associations (unions) of horticultural, horticultural or dacha non-profit associations;
to 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, horticulture or dacha farming in individually.
2. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association shall have the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association.
In the event of non-payment of the fees established by agreements for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a 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 objects infrastructure and other common property of a horticultural, horticultural or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association are collected in judicial order.
Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure and other common property of such an association.
The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, may not exceed the amount of payment for use of the said property for the members of such an association.
1. Horticultural, horticultural and dacha non-profit associations may create local and inter-district associations (unions).
Decisions on the participation of horticultural and inter-district associations (unions).
Decisions on the participation of horticultural, horticultural 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 inter-district associations (unions) are approved by general meetings of members of horticultural, horticultural and dacha non-profit associations and signed by the chairmen of the boards of such associations.
2. Local and inter-district associations (unions) have the right to create regional (territorial, regional, republican, district) associations (unions).
Decisions on the participation of local and inter-district associations (unions) in regional associations (unions) are made at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (inter-district) associations (unions).
Draft constituent agreements and draft charters of regional associations (unions) are approved at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (interdistrict) associations (unions) and signed by the chairmen of the boards of local and interdistrict associations (unions).
3. Regional associations (unions) may 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 respective 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, inter-district, regional (territorial, regional, republican, district) and federal associations (unions) are created in order to coordinate the activities, represent and protect the interests of horticultural, horticultural and dacha non-profit associations in relations with state authorities, local governments, public and other organizations, as well as for the purpose of providing information, legal and other services in the field of horticulture, horticulture and dacha farming.
5. Local, inter-district, regional and federal associations (unions) are non-profit organizations.
6. A member of an association (union) retains its independence and the right of a legal entity.
7. The name of an association (union) must contain an indication of the main purpose of its members and the word "association" ("union").
8. Financing of the activities of the governing bodies of the association (union) is carried out at the expense of the contributions of their founders.
9. An association (union) of horticultural, horticultural or dacha non-profit associations is not liable for the obligations of its members, and the 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, horticultural or country non-profit associations has the right to participate in the activities of international organizations of gardeners, gardeners and summer residents in the manner prescribed by these organizations.
11. The procedure for the creation, reorganization or liquidation of an association (union) of horticultural, horticultural or dacha non-profit associations, the composition and competence of its management bodies, as well as 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, inter-district or regional association (union) of horticultural, horticultural or dacha non-profit associations may be granted the right to check the economic and financial activities such associations with the presentation of the results of the audit to the boards of horticultural, horticultural or dacha non-profit associations and general meetings of their members.
1. Horticultural, horticultural 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 may be opened at organizations that produce or sell planting material for 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, horticultural or dacha non-profit association or an association (union) of such associations is separate subdivision, located outside the location of a horticultural, horticultural or dacha non-profit association or association (union) of such associations, representing their interests and protecting them.
3. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is not a legal entity, is endowed with the property of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it and acts on the basis of an approved by such an association or association ( union) provisions. The property of the said representative office is under its operational management and is accounted for separate balance sheet and the balance sheet of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it.
4. A representative office of a horticultural, horticultural or dacha non-profit association or association (union) of such associations operates on behalf of the association or association (union) of such associations that created it. Responsibility for the activities of the representative office shall be borne by the horticultural, horticultural or dacha non-profit association that created it or the association (union) of such associations.
The head of the representative office is appointed by a horticultural, horticultural or dacha non-profit association or an 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, other funds in the manner prescribed 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, utility buildings and structures, the improvement of garden, vegetable garden and summer cottage 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 the articles of the Civil Code of the Russian Federation, must contain:
information about the amount of the founder's contribution;
information about the objects of lending;
order of priority for granting a loan;
rules for conducting cash transactions;
scroll officials authorized to conduct cash transactions;
compliance control procedure cash discipline and responsibility for its violation;
the procedure for auditing the mutual lending fund;
information about the banks in which the cash of the mutual lending fund is kept.
3. Rental funds are created by gardeners, gardeners and summer residents in order to provide for the founders of horticultural, horticultural and dacha non-profit associations modern means production, used in the construction and repair of residential buildings, residential buildings, utility buildings and structures, improvement and processing of garden, garden and summer cottages.
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 Articles 52 and 118 of the Civil Code of the Russian Federation, must contain:
information on the amount of the founder's target contribution;
a list of means of production purchased for the rental fund;
the procedure for providing gardeners, gardeners and summer residents with means of production for temporary use;
a list of officials responsible for organizing the work of the rental fund.
Chapter III. ZONING OF THE TERRITORY AND PROVISION OF GARDEN, GARDEN AND COUNTRY LAND PLOTS1. When zoning the territory, zones are determined that are most favorable for the development of horticulture, horticulture and dacha 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 plots.
2. Territory zoning schemes for accommodating horticultural, horticultural and dacha non-profit associations must contain information about the location, area and intended purpose of land plots (horticulture, horticulture, dacha farming), permitted use of land plots (list of restrictions, encumbrances and easements) , as well as information on the rights on which land plots in a particular zone are allowed to be granted to citizens (the right of ownership, lifetime inheritable possession, permanent (unlimited) use, lease or fixed-term use).
This scheme serves as the basis for determining the volume of construction of access roads. highways, power supply facilities, communications, as well as for the development of public transport, trade, medical and consumer services.
3. The state authorities of the constituent entities of the Russian Federation, local governments act as customers of the zoning schemes of territories for the placement of horticultural, horticultural and dacha non-profit associations. Financing of the development of these schemes is carried out at the expense of a part of the land tax received by the budgets of the constituent entities of the Russian Federation and local budgets.
4. The basic principles for the development of zoning schemes for the placement of horticultural, horticultural and dacha non-profit associations are determined by the executive authorities of the constituent entities of the Russian Federation.
1. Providing citizens with garden, garden and summer cottages is the responsibility of local governments at the place of residence of citizens.
2. Registration and registration of applications of citizens in need of obtaining garden, garden or country plots of land are maintained by local self-government bodies separately. The sequence of granting garden, garden or country plots of land is determined on the basis of registration of the 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 pre-emptive right to receive garden, garden or summer cottage land plots are included in a separate list.
Lists of citizens who have submitted an application for the provision of a garden, garden or summer cottage land plot, and changes in these lists are approved by the local self-government body and brought to the attention of interested citizens.
3. The presence of a citizen on the right of ownership, life-long inheritable possession or perpetual (permanent) use of a garden, garden or summer cottage land plot is the basis for refusing to provide such a plot, if the provision will lead to an excess of the established maximum norms for the provision of land plots or if the citizen has made a transaction on the alienation of the land plot previously provided free of charge.
A citizen has the right to appeal in court against a decision to refuse to provide a land plot.
4. The local self-government body, on the basis of an approved list of citizens who have submitted an application for the provision of a garden, vegetable garden or dacha land plot, determines the needs for garden, garden or dacha land plots. The calculation is made on the basis of the established norms for the provision of land plots, taking into account the necessary lands for common use in horticultural, horticultural or summer cottages. non-profit associations.
5. The size of a garden, garden or summer cottage land plot is established by laws and other regulatory legal acts of the constituent entities of the Russian Federation, taking into account those established by federal laws and other regulatory legal acts of the Russian Federation for citizens certain categories limiting norms for the provision of land plots.
1. The local self-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 self-government body or the executive power body of the subject of the Russian Federation, which is in charge of the land redistribution fund, for the selection (preliminary approval) of the relevant land plots.
2. The body in charge of the land redistribution fund, taking into account the zoning schemes of territories for the placement of horticultural, horticultural and summer non-profit associations, proposes options for the provision of land plots or gives a conclusion on the impossibility of allocating land plots.
3. On the basis of the chosen option for the placement of land plots and their size, the local government, taking into account the wishes of citizens and with their consent, forms the personal composition of members of a horticultural, horticultural or dacha non-profit association.
4. After the state registration of a horticultural, horticultural or dacha non-profit association, such an association is provided with a land plot free of charge initially for fixed-term use. After the approval of the project for the organization and development of the territory of such an association and the adoption of this project in nature, the members of the horticultural, horticultural or dacha non-profit association are provided with land plots in ownership or on other property rights. When transferring for a fee, a land plot is initially provided to the joint ownership of the members of such an association, followed by the provision of land plots to the ownership of each member of a horticultural, horticultural or dacha non-profit association.
Common lands are provided to a horticultural, horticultural or dacha non-profit association as a legal entity in ownership or on other real rights.
The general meeting of members of a horticultural non-profit association has the right to decide on assigning to such an association as a legal entity all the land plots granted to it.
5. Horticultural, horticultural and dacha non-profit associations formed in accordance with departmental affiliation or another principle, land plots are provided in the manner prescribed by paragraph 4 of this article.
6. For the provision of garden, vegetable garden and dacha land plots for ownership, a fee may be charged in accordance with the procedure established by the legislation of the constituent entities of the Russian Federation, but not higher than the standard price of land plots, except for cases of sale of land plots at an auction. When granting land plots on another real right, no fee is charged.
1. On the territory municipality in accordance with the legislation, zones may be allocated in which garden, garden and dacha land plots are not provided or the rights to use them are limited (specially protected natural territories, territories with registered mineral deposits, especially valuable agricultural lands, reserve territories for the development of urban and other settlements, territories with developed karst, landslide, mudflow and other natural processes that pose a threat to the life or health of citizens, a threat to the safety of their property).
2. When creating a horticultural, horticultural or dacha non-profit association, a member of such an association is provided with one land plot.
Chapter IV. CREATION OF GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS OF MEMBERS OF GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS1. A horticultural, horticultural 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 horticultural, horticultural or dacha non-profit association.
2. The number of members of a horticultural, horticultural or dacha non-profit association must be at least three people.
3. The founding document of a horticultural, horticultural 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, horticultural or dacha non-profit association must specify:
organizational and legal form;
name and location;
the subject and goals of the activity;
the procedure for admission to membership in such an association and withdrawal from it;
the rights and obligations of such an association;
the rights, duties and responsibilities of the 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 persons 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;
the composition and competence of the control bodies of such an association;
the procedure for the formation of the property of such an association and the procedure for paying the value of a part of the property or issuing a part of the property in kind in the event of a citizen withdrawing from the membership of such an association or liquidating such an association;
terms of remuneration for employees who have concluded employment contracts with such an association;
the procedure for changing the charter of such an association;
grounds and procedure for exclusion from the membership of such an association and the application of other measures of influence for violation of the charter or rules internal regulations such association;
the procedure for reorganization and the procedure for the liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, horticultural or dacha non-profit associations, the procedure for opening its representative office.
The charter of a horticultural, horticultural or dacha consumer cooperative also indicates the liability of the members of such a cooperative for its debts.
The charter of a horticultural, horticultural or dacha non-profit partnership also indicates the procedure for the formation of a special fund that is the property of such a partnership.
5. The provisions of the charter of a horticultural, horticultural or dacha non-profit association may not 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, horticultural or dacha non-profit association may not contradict its charter.
1. State registration of a horticultural, horticultural or dacha non-profit association shall be carried out with the bodies of justice in the manner prescribed by federal law.
2. For the state registration of a horticultural, horticultural or dacha non-profit association, its founders shall submit to the justice authority an application for state registration of such an association, a decision of its founders, a charter approved by the general meeting of the founders of such an association, a document confirming the payment of the registration fee, as well as documents certifying the rights to land plots of reorganized horticultural, horticultural or dacha non-profit associations, or documents on preliminary selection land plot for the location of the established association.
3. State registration of a horticultural, horticultural or dacha non-profit association must be carried out no later than thirty days after the date of submission to the justice authority of an application for state registration of such an association and the necessary documents.
4. The state registration of a horticultural, horticultural or dacha non-profit association may be refused in case of violation of the procedure established by this Federal Law for the creation of such an association or inconsistency of its constituent document with the law.
Denial of state registration of a horticultural, horticultural or dacha non-profit association based on the inexpediency of its creation is not allowed.
Denial of state registration of a horticultural, horticultural or dacha non-profit association, as well as evasion of such registration, may be appealed against in court.
5. The decision of the body carrying out the state registration of legal entities on the state registration of a horticultural, horticultural or dacha non-profit association within seven days from the date of adoption of this decision is sent to the address of such an association indicated in the application for state registration of such an association, or to another address indicated by it. address or handed to the person named in the application against receipt.
1. Citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of such a partnership (partnership) may be members of a horticultural, horticultural or dacha non-profit partnership (horticultural, horticultural 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 may be members of a horticultural, horticultural or dacha consumer cooperative.
2. Members of a horticultural, horticultural or dacha non-profit association may be, in accordance with civil law, the heirs of members of a horticultural, horticultural 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 gifts or other land transactions.
3. Foreign citizens and stateless persons may become members of horticultural, horticultural or dacha non-profit associations, if land plots are provided to them on the right of lease or fixed-term use.
4. The founders of a horticultural, horticultural or dacha non-profit association shall be considered accepted as members of such an association from the moment of its state registration. Other persons joining such an association are accepted as members by the general meeting of members of the horticultural, horticultural or dacha non-profit association.
5. Within three months from the date of admission to its members, the board of such an association must issue a membership book or other document replacing it to each member of a horticultural, horticultural or dacha non-profit association.
1. A member of a horticultural, horticultural or dacha non-profit association has the right to:
1) elect and be elected to the management bodies of such an association and its control body;
2) receive information about the activities of the governing bodies of such an association and its control body;
3) manage independently on their land plot in accordance with its permitted use;
4) to 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 a residential building, utility buildings and structures - on a garden plot of land; a residential building or a residential building, utility buildings and structures - on a summer cottage; non-capital residential buildings, utility buildings and structures - on a garden plot;
5) dispose of their land and other property in cases where they are not withdrawn from circulation or restricted in circulation on the basis of the law;
6) in the event of the alienation of a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of common-use property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; a property share in the amount of a share contribution, with the exception of the part that is included in the indivisible fund of a horticultural, horticultural or dacha consumer cooperative; buildings, structures, structures, fruit crops;
7) upon liquidation of a horticultural, horticultural or dacha non-profit association, to receive the due share of common use property;
8) apply to the court to invalidate the decisions of the general meeting of members of the horticultural, horticultural or dacha non-profit association or the meeting of authorized persons, as well as decisions of the board and other bodies of such an association that violate his rights and legitimate interests;
9) voluntarily withdraw from a horticultural, horticultural or dacha non-profit association with the simultaneous conclusion of an agreement with such an association on the procedure for the use and operation of engineering networks, roads and other common property;
10) carry out other actions not prohibited by law.
2. A member of a horticultural, horticultural or dacha non-profit association must:
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, horticultural or dacha consumer cooperative within the limits of the unpaid part of the additional contribution of each of the members of such a cooperative;
3) use the land plot in accordance with its intended purpose and permitted use, not damage 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) to develop a land plot within three years, unless another period is established by land legislation;
8) comply with urban planning, construction, environmental, sanitary and hygienic, fire 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 the meeting of authorized persons and the decisions of the board of such an association;
12) comply with other requirements established by laws and the charter of such an association.
Chapter V1. The governing bodies of a horticultural, horticultural or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.
2. A horticultural, horticultural or dacha non-profit association has the right to hold a general meeting of its members in the form of a meeting of authorized persons. The number and procedure for the election of authorized persons shall be established by the charter of such an association.
1. The competence of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) includes the following issues:
1) 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 in 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 provided by the charter of such an association;
5) election of members audit commission(auditor) of such an association and early termination of their powers;
6) election of members of the commission for control over compliance with the 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, horticultural or country non-profit associations;
8) approval of the internal regulations of such an association, including the holding of a general meeting of members of such an association (a meeting of authorized persons); the activities of his board; work of the audit commission (auditor); work of the commission on control over observance of the legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; the internal work schedule of such an association;
9) making decisions on reorganization or liquidation of such an association, appointment of a liquidation commission, as well as approval of 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 relevant contributions;
11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of such an association;
12) approval income and expenditure estimate such 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 the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund;
15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with legislation, the mutual lending fund, the rental fund and members of such an association.
2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) 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 (a meeting of authorized persons) is held by decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the suggestion of a local self-government body or at least one fifth of the total number of members of such an association.
Members of a horticultural, horticultural or dacha non-profit association may be notified of a general meeting of its members (a meeting of authorized persons) in writing (postcards, letters), through relevant messages in the media, as well as by placing appropriate announcements on information boards located on the territory of such an association, unless its charter establishes a different notification procedure. Notification of holding a general meeting of members of such an association (meeting of authorized persons) shall be sent no later than two weeks before the date of its holding. The notice of holding a general meeting of members of such an association (a meeting of authorized persons) must indicate the content of the issues submitted for discussion.
The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is competent if more than fifty percent of the members of such an association (not less than fifty percent of authorized persons) 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, horticultural or dacha non-profit association (meeting of authorized persons) is elected by a simple majority of votes of the members of such an association present at the general meeting.
Decisions on amendments to the charter of such an association and additions to its charter or on approval of the charter in a new edition, exclusion from the membership of such an association, on its liquidation and (or) reorganization, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are taken by the general meeting members of such an association (by a meeting of authorized persons) by a two-thirds majority.
Other decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are adopted by a simple majority of votes.
Decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner prescribed by the charter of such an association.
A member of a horticultural, horticultural or dacha non-profit association has the right to appeal to the court the decision of the general meeting of its members (meeting of authorized persons) or the decision of the governing body of such an association, which violate the rights and legitimate interests of a member of such an association.
1. The board of a horticultural, horticultural 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 persons).
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, the regulatory legal acts of local governments and the charter of such an association.
The board of a horticultural, horticultural or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such an association (a meeting of authorized persons), 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 persons).
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, horticultural or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, and also as necessary.
Board meetings are competent if at least two thirds of its members are present.
Decisions of the board of a horticultural, horticultural or dacha non-profit association are binding on all members of such an association and its employees who have concluded labor contracts with such an association.
3. The competence of the board of a horticultural, horticultural or dacha non-profit association includes:
1) practical implementation of decisions of the general meeting of members of such an association (meeting of authorized persons);
2) operational guidance current activities such association;
3) drawing up income and expenditure estimates and reports of such an association, submitting them for approval by the general meeting of its members (meeting of authorized persons);
4) disposal of tangible and intangible assets of such an association to the extent necessary to ensure its current activities;
5) organizational and technical support for the activities of the general meeting of members of such an association (meeting of authorized persons);
6) organizing accounting and reporting of such an association, preparing an annual report and submitting it for approval by the general meeting of members of such an association (meeting of authorized persons);
7) organizing the protection of the property of such an association and the property of its members;
8) organizing insurance of the property of such an association and the property of its members;
9) organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;
10) purchase and delivery of planting material, garden tools, fertilizers, pesticides;
11) ensuring the office work of such an association and the maintenance of its archive;
12) employment in such an association of persons under labor contracts, their dismissal, encouragement and imposition of penalties on them, keeping records of employees;
13) control over the timely payment of entrance, membership, target, share and additional fees;
14) making transactions on behalf of such a combination;
15) assistance to members of such an association in the gratuitous transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;
16) exercise foreign economic activity such association;
17) compliance by such an association with the legislation of the Russian Federation and the charter of such an association;
18) consideration of applications of members of such an association.
The board of a horticultural, horticultural 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 referred to by this Federal Law and the charter of such an association to the competence of the general meeting of its members (meeting of authorized persons).
1. The board of a horticultural, horticultural or dacha non-profit association is headed by a chairman of the board elected from among the members of the board 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 general meeting of members of such an association (meeting of authorized persons).
2. The chairman of the board of a horticultural, horticultural or dacha non-profit association acts without a power of attorney on behalf of such an association, including:
1) chair the meetings of the board;
2) has the right of first signature under 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 persons);
3) signs other documents on behalf of such an association and minutes of the board meeting;
4) on the basis of a decision of the board, enter into transactions and open bank accounts of such an association;
5) issue powers of attorney, including those with the right of substitution;
6) ensures the development and submission for approval of the general meeting of members of such an association (meeting of authorized persons) of the internal regulations of such an association, the provisions on the remuneration of employees who have concluded employment contracts with such an association;
7) carries out representation on behalf of such an association in state authorities, local self-government bodies, as well as in organizations;
8) consider applications of members of such an association.
The chairman of the board of a horticultural, horticultural 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, horticultural or dacha non-profit association and the members of its board, in the exercise of their rights and the performance of established duties, must act in the interests of such an association, exercise their rights and perform the established duties conscientiously and reasonably.
2. The chairman of the board of a horticultural, horticultural or dacha non-profit association and members of its board shall be liable to such an association for losses caused to such an association by their actions (inaction). At the same time, the members of the management board who voted against the decision, which entailed the infliction of losses on such a merger, or who did not take part in the voting, are not liable.
The chairman of the board and its members, in case of revealing financial abuses or violations, causing losses to such an association, may be brought to disciplinary, material, administrative or criminal liability in accordance with the law.
1. Control over the financial and economic activities of a horticultural, horticultural or dacha non-profit association, including the activities of its chairman, members of the board and 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 procedure for the work of the audit commission (auditor) and its powers are governed by the regulation on the audit commission (auditor) approved by the general meeting of members of such an association (meeting of authorized persons).
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 ahead of schedule 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, horticultural or dacha non-profit association shall be liable 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, horticultural or dacha non-profit association is obliged to:
1) verify 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 law 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 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 persons) with the submission of recommendations on the elimination of identified violations;
4) report to the general meeting of members of such an association (meeting of authorized persons) on all detected 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 from members of such an association.
4. Based on the results of the audit, when creating a threat to the interests of a horticultural, horticultural or dacha non-profit association and its members, or if abuses are revealed by members of the board of such an association and the chairman of the board, the audit commission (auditor), within 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 with household waste and sewage, to comply with sanitary and other rules for the maintenance of public lands, garden, vegetable garden and summer cottage land plots and adjacent territories, to ensure compliance with the rules of the fire safety during the operation of stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history and culture, at a general meeting of members of a horticultural, horticultural or summer cottage non-profit association (a meeting of authorized persons), a commission of such an association to monitor compliance with the law may be elected which operates under the direction of the board of such an association.
2. The commission of a horticultural, horticultural 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, on the sanitary and epidemiological welfare of the population, on fire safety, draws up acts on violations of the law and submits such acts for taking action to the board of such an association, which has the right to submit them to state bodies exercising control over compliance with the law.
State bodies exercising control over compliance with the law provide advisory and practical assistance to the members of this commission and without fail consider the submitted acts on violations of the law.
3. Members of the commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with the law may, in accordance with the established procedure, be appointed public inspectors of state bodies exercising control over compliance with the law and endowed with appropriate powers.
4. In a horticultural, horticultural or dacha non-profit association with less than thirty members, the commission for monitoring compliance with the 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, horticultural 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 kept permanently in its files.
2. The minutes of the meetings of the board and the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association, the commission of such an association for monitoring compliance with the law 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 monitoring compliance with compliance with the law; these protocols are certified by the seal of such an association and are kept permanently in its files.
3. Copies of the minutes of general meetings of members of a horticultural, horticultural 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 the law, certified extracts from these protocols are submitted for familiarization to the members of such an association at their request, as well as to the local self-government body on the territory of which such an association is located, to state authorities of the corresponding subject of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.
Chapter VI. FEATURES OF PRIVATIZATION AND TURNOVER OF GARDEN, GARDEN AND COUNTRY LAND PLOTS1. Gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations that have received land plots from state and municipal lands on the basis of the right of lifetime inheritable possession, permanent (unlimited) use, lease or fixed-term use cannot be denied the privatization of such land plots, with the exception of cases established by federal laws prohibiting the transfer of land plots to private ownership.
2. Privatization of garden, vegetable garden and country plots of land may be carried out for a fee or free of charge in accordance with the laws and other regulatory legal acts of the Russian Federation and the laws and other regulatory legal acts of the constituent entities of the Russian Federation in the following sequence:
1) a general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) decides on the acquisition of rights to common land (the property of such an association as a legal entity, the common joint property of members of such an association) and creates a commission to prepare materials for the privatization of gardens, garden and suburban land plots;
2) the commission for the preparation of materials for the privatization of garden, garden and dacha land plots organizes the collection of applications from members of the horticultural, garden or dacha non-profit association on the privatization of garden, garden and dacha land plots and conducts it with the involvement, in accordance with the contract, of a specialized land management organization or other the appropriate license of the legal entity to inventory the land of such an association;
3) a member of the relevant association in his application indicates on what right he wants to re-register a garden, vegetable garden or summer cottage land (ownership of a citizen, common joint or common shared property of spouses), the actual area of such a plot in square meters, counterclaims to its borders;
4) the commission for the preparation of materials for the privatization of garden, vegetable garden and summer cottage land plots gives an opinion on the existence of counterclaims to the boundaries of garden, vegetable garden and summer cottage land plots from neighbors, a horticultural, vegetable garden or summer cottage non-profit association and its proposal to resolve the dispute. If the dispute cannot be resolved in this way, it is considered in court;
5) a general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or the board of such an association considers the prepared materials, the results of an inventory of the lands of such an association and decides on a petition to the relevant local authorities to assign common use lands to such an association, and garden , garden and suburban land plots - for specific citizens, their spouses;
6) in the event of a discrepancy between the actual area of garden, garden and summer cottage land plots of the area of these plots specified in the project for organizing and developing the territory of a gardening, gardening or summer cottage non-profit association, clarifications are made to this project, which, in agreement with the architecture and urban planning authorities and committees for land resources and land management are approved by the relevant local government;
7) local governments have the right to demand from a horticultural, horticultural or dacha non-profit association the minutes of the general meeting of its members (meeting of authorized persons), a list of members of such an association, their applications, passport data, a copy of the decision on land acquisition (state act or certificate), a copy of the charter such an association, a project for the organization and development of the territory with clarifications and measurements of the boundaries;
8) the decision of the local self-government body on the privatization of a garden, garden or dacha land plot is taken within a month from the date of submission of the relevant application and is the basis for issuing certificates certifying their rights to land to a citizen and a horticultural, horticultural or dacha non-profit association;
9) documents for members of a horticultural, horticultural or dacha non-profit association are issued by its board, which receives them from the relevant committee on land resources and land management under the powers of attorney of members of such an association;
10) for state registration of rights to garden, garden and country plots of land, each member of the relevant association is charged a registration fee in the amount established by federal law minimum size wages. Local self-government bodies have the right to establish benefits for citizens of certain categories in paying the registration fee.
3. Citizens have the right to individually privatize garden, garden and country plots assigned to them. If there are counterclaims to the boundaries of land plots, the dispute is considered by the local government or in court.
In the event that the actual area of garden, vegetable garden and summer cottage land plots does not correspond to the area of such plots specified in earlier decisions, the local self-government body has the right to fix garden, vegetable garden and summer cottage land plots within the new boundaries or demand the restoration of the former boundaries.
1. Transactions with garden, garden and dacha land plots are recognized as actions of citizens aimed at establishing, changing or terminating land and other rights.
2. When making transactions with garden, garden and country plots of land, a change in their intended purpose and permitted use is not allowed.
3. Transactions with garden, garden and dacha land plots are regulated by this Federal Law, as well as civil and land legislation, taking into account the specifics established by the legislation on subsoil, on environmental protection, on urban planning, water, forestry and other legislation.
4. Transactions with garden, garden and dacha land plots are not allowed if such transactions lead to violations of urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations) or to the inability to comply special purpose the specified land plots and the conditions of their permitted use.
5. Alienation, pledge, leasing of a garden, garden or summer cottage land plot, which is in common ownership, is carried out with the consent of all participants in the common property.
1. The owners of garden, garden and dacha land plots have the right to sell, donate, pledge, rent, use for a limited time, exchange, conclude a rent agreement or a life maintenance agreement with a dependent, as well as voluntarily abandon these plots.
Garden, garden and summer cottages owned by citizens are inherited by law or by will.
Garden, vegetable garden and dacha plots that are jointly owned by the spouses may be divided between them. Land plots for common use of a horticultural, horticultural or dacha non-profit association are not subject to division.
2. Garden, garden and dacha land plots provided to citizens on the basis of the right of lifetime inheritable possession can be leased, fixed-term use, exchanged, privatized, and also voluntarily abandoned. Garden, vegetable garden and dacha plots of land granted to citizens on the basis of the right of lifetime inheritable possession shall be inherited by law.
3. Garden, garden and dacha land plots provided to citizens on the basis of the right of permanent (unlimited) use may, with the consent of the local self-government body, be leased, fixed-term use, exchanged, privatized, and also voluntarily abandoned.
For the heirs of buildings and structures located on garden, garden and suburban land plots and owned, these plots are assigned in the same size on the right of permanent (unlimited) use. Such heirs have the right to re-register garden, garden and dacha land plots for lifetime inheritable possession or to redeem ownership at the standard price of land.
4. Garden, garden and dacha land plots provided by a local government body on the right of lease or fixed-term use can, with the consent of the local government body, be exchanged, privatized, and also voluntarily abandoned.
For the heirs of buildings and structures located on garden, garden and summer cottage land plots and owned, these plots are assigned on the right of lease or fixed-term use for the remaining unexpired period with the right to privatize them.
5. The division of a garden, vegetable garden or dacha land plot is possible only with the consent of a member of a horticultural, horticultural or dacha non-profit association or in court. At the same time, garden, garden or summer cottage land plots formed during the division cannot be less than the minimum size of a land plot established by regulatory legal acts of the constituent entities of the Russian Federation.
Turnover of garden, garden and country plots of land is carried out within the limits established by civil legislation, and to the extent that it is allowed by land legislation.
Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY OF A GARDENING, GARDENING OR COUNTRY NON-PROFIT ASSOCIATION1. The development of projects for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is carried out in accordance with the rules for land use and development established by land and urban planning legislation, the system of state urban planning standards and rules.
2. A horticultural, horticultural or dacha non-profit association, as a legal entity, has the right to proceed with the arrangement of a land plot allocated to it (construction of access roads, fences, land reclamation and other works) after establishing its boundaries in kind, issuing documents certifying the right of such an association to a land plot .
Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, garden or dacha land plots after the organization and development of the territory of such an association has been carried out and the general meeting of its members (meeting of authorized persons) approves the distribution of garden, garden or dacha land plots among members such an association.
A gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens on the basis of ownership, has the right to start 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, horticultural or dacha non-profit association shall be drawn up on the basis of a petition from its board. Attached to this request are:
documents certifying the right of such an association to land;
materials of topographic survey, and, if necessary, materials of engineering and geological surveys;
architectural and planning task;
technical conditions for engineering support of the territory of such an association.
The project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is agreed with such an association that ordered this project, and is approved within two weeks by the local government on whose territory the land plot has been allocated.
Documents required for coordination and approval project documentation, are:
a project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with an explanatory note;
budget and financial calculations;
graphic materials on a scale of 1:1000 or 1:2000 containing general plan development of the territory of a horticultural, horticultural or dacha non-profit association, a drawing of transferring the specified project to the area, a diagram of engineering networks.
Copies of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government.
1. The standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association are established by the executive authorities of the constituent entities of the Russian Federation 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 the federal executive authorities and necessary to comply with environmental, land legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, and on fire safety.
2. The main standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association in accordance with urban planning legislation are:
the number and size of access and internal roads;
minimum distances between buildings, structures, structures and boundaries of land plots;
type of water supply sources;
technical characteristics of the engineering support of the territory of such an association;
list of necessary fire-fighting structures;
list of environmental protection measures.
Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association may additionally be applied.
1. The construction of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the project for the organization and development of its territory.
2. Control over compliance with the requirements for the construction of buildings and structures in a horticultural, horticultural or country non-profit association is carried out by the board of such an association, as well as the inspector of state bodies exercising control over compliance with the law, in the order of architectural supervision, 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, horticultural or dacha non-profit association and its members independently in accordance with the project for the organization and development of the territory of such an association.
4. The erection by citizens on garden, garden or country plots of buildings and structures exceeding the dimensions established by the project for the organization and development of the territory of a horticultural, gardening or country non-profit association for these buildings and structures is allowed after the local government approves the projects for the construction of these buildings and structures in the manner prescribed by urban planning legislation.
5. Violation of the requirements of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is the basis for bringing such an association, as well as its members who committed the violation, to liability in accordance with this Federal Law and other federal laws.
Chapter VIII. SUPPORT FOR GARDENERS, GARDENERS, COTTAGE RESIDENTS AND THEIR GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS BY STATE AUTHORITIES, LOCAL SELF-GOVERNMENT BODIES AND ORGANIZATIONS1. Gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations may, in accordance with the procedure established by federal laws, be fully or partially exempt from federal taxes, contributions to off-budget funds and payments.
2. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies shall have the right to:
1) to introduce to the staff of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies specialists on the development of personal subsidiary and summer cottages, horticulture and horticulture;
2) provide on preferential terms premises, means of communication, office equipment, utilities to associations (unions) of horticultural, horticultural or dacha non-profit associations;
3) to carry out educational and propaganda work in order to popularize gardening, horticulture or dacha farming;
4) ensure, on preferential terms, secured by garden, garden and dacha land plots and other real estate, the issuance of loans for the acquisition of land plots, their development and improvement, the acquisition and construction of residential buildings, residential buildings, utility buildings and structures;
5) provide services through the system of state agrotechnical services for the supply of varietal seeds and planting material of agricultural crops, organic and mineral fertilizers, means of protecting agricultural crops from pests and diseases;
6) to allocate funds from the state leasing fund for the purchase of agricultural machinery, inventory and equipment;
7) provide on preferential terms the issuance of loans for engineering support of the territories of horticultural, horticultural and country non-profit associations in the amount of up to fifty percent of the total estimated costs with subsequent repayment of loans, as well as interest for their use;
8) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
9) establish for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations the standards for payment for electricity, water, gas, telephone, determined for rural consumers.
3. Executive authorities of the constituent entities of the Russian Federation, local self-government bodies shall have the right to:
establish local tax incentives for contracting organizations, individual entrepreneurs engaged in the construction of public facilities in horticultural, horticultural and country non-profit associations;
introduce incentives to pay for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to orchard, garden or summer cottage land and back.
4. Executive authorities of the constituent entities of the Russian Federation, local governments, organizations have the right to:
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 the engineering support of the territories of horticultural, horticultural and dacha non-profit associations up to fifty percent of the total estimated costs;
4) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
5) provide funds for land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements or reimburse in full the loans provided for the implementation of these activities, as well as interest on the use of such loans;
6) sell equipment and materials to gardeners, gardeners, dacha residents and their horticultural, horticultural and dacha non-profit associations during demolition, reconstruction and overhaul residential buildings, residential buildings, utility buildings and structures;
7) provide horticultural, horticultural and dacha non-profit associations with production and technical products of state and municipal organizations, waste from construction and other industries.
Local self-government bodies and organizations have the right to take on the balance of roads, power supply systems, gas supply, water supply, communications and other objects of horticultural, gardening and country non-profit associations.
5. State authorities, local self-government bodies and organizations have the right to support the development of horticulture, horticulture and dacha farming in other forms.
1. Provision of subventions, allocation and reimbursement of loans granted on favorable terms, reimbursement of expenses incurred at the expense of targeted contributions from members of horticultural, horticultural and dacha non-profit associations for engineering support of the territories of such associations, land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and 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, a rental fund are carried out in the manner prescribed by Article 35 of this federal law.
2. Provision on preferential terms of a loan for the purchase of garden, garden and summer cottage land plots, the construction of residential buildings, residential buildings, utility buildings and structures, the development and improvement of garden, vegetable garden and summer cottage land plots is carried out in the manner established by the Government of the Russian Federation for maintaining an individual housing construction.
3. The procedure for providing funds from the state leasing fund for the purchase of agricultural machinery, inventory and equipment, the procedure for allocating funds from federal budget for leasing operations for gardeners, gardeners and summer residents are established by the Government of the Russian Federation.
4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their gardening, gardening and summer cottage non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures, providing gardeners, gardeners, summer residents and their gardening, gardening and dacha non-profit associations with production and technical purposes of state and municipal organizations, waste from construction and other industries are established by the Government of the Russian Federation.
5. Admission to the balance sheet of local governments and organizations of roads, power supply, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, horticultural 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. Norms of payment for the use for gardening, horticulture and summer cottages telephone communication, electricity, gas, the introduction of benefits for paying for the travel of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, garden or summer cottage land and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
7. The procedure for the provision of premises, telephone facilities, office equipment, utilities on preferential terms to associations (unions) of horticultural, horticultural and dacha non-profit associations is established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, and local governments.
1. The participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations is carried out by delegating representatives of such associations or their association (union) to meetings of state authorities or local authorities municipalities that make these decisions.
2. If it is necessary to make a decision regarding the rights and legitimate interests of members of a horticultural, horticultural or dacha non-profit association, the state authority or local self-government body is obliged to notify the chairman of the horticultural, horticultural 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 the decision of a public authority or a local government affects the interests of one or more members of a horticultural, horticultural or dacha non-profit association (laying engineering networks within the boundaries of the land plots of members of such an association, installation of power transmission line supports, etc.), a written consent of the owners is required (owners, users) of these land plots.
4. Participation of gardeners, gardeners, summer residents and their horticultural, gardening and country non-profit associations, associations (unions) of such associations in the preparation and decision-making regarding the rights of gardeners, gardeners, summer residents and their gardening, gardening and country non-profit associations, associations (unions) ) of such associations may be carried out in other forms.
5. A decision of a public authority or a local self-government body that leads to a violation of the rights and legitimate interests of members of horticultural, horticultural and dacha non-profit associations may be appealed to a court.
1. Assistance of state authorities and local self-government bodies to horticultural, horticultural or dacha non-profit associations is carried out through the adoption of appropriate decisions and the conclusion of contracts on the basis of written requests from horticultural, horticultural or dacha non-profit associations.
2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations in the implementation of state registration or re-registration of their charters, rights to garden, garden or summer cottage land, buildings and structures located on them, the preparation of plans (drawings of boundaries) of garden, vegetable garden and country plots of land 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 unprotected groups of the population, have the right to apply to local governments with applications to reduce the fee for state registration or re-registration of rights to garden, vegetable garden or summer cottage land plots, buildings and structures located on them, the preparation of plans (drawings of boundaries) of these sections. Local self-government bodies accept such applications for consideration if this issue is within their competence. Within a month from the date of registration of such an application, the local self-government body is obliged to make a decision and notify the applicant of the decision in writing.
3. Bodies of state power and bodies of local self-government are obliged to assist horticultural, horticultural 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 decision-making on the conclusion of contracts for the performance of relevant work by state and municipal enterprises, on the organization and conduct of competitions for programs and investment projects for the development of infrastructures in the territories of horticultural, horticultural and country non-profit associations, on the implementation of joint projects 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 respective territories or if the engineering infrastructure facilities of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;
2) ensuring the passage of gardeners, gardeners, summer residents and members of their families to garden, garden and summer cottages and back by establishing appropriate work schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport, the introduction of benefits for paying for the travel of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, garden and summer cottages and back;
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 compliance with the requirements of the legislation, which include representatives of horticultural, horticultural or dacha non-profit associations, state authorities and local governments.
Chapter IX. REORGANIZATION AND LIQUIDATION OF A GARDENING, GARDENING OR COUNTRY NON-PROFIT ASSOCIATION1. Reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, division, spin-off, change in 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, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.
3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer 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 deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with constituent documents for state registration of newly established legal entities or for amending the charter of such an association.
5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly created horticultural, horticultural or dacha non-profit associations.
6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its successor, the newly established legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.
7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.
8. In case of state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.
9. State registration of newly created as a result of the reorganization of horticultural, horticultural or dacha non-profit associations and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations are carried out in the manner established by the law on state registration of legal entities.
1. The liquidation of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. A demand for the liquidation of a horticultural, horticultural or dacha non-profit association may be filed with a court by a state authority or a local self-government body that has been granted the right to file such a claim by law.
3. Upon liquidation of a horticultural, horticultural or dacha non-profit association as a legal entity, the rights of its former members to land plots and other immovable property shall be preserved.
1. A horticultural, horticultural 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, horticultural or dacha non-profit association (a meeting of authorized persons) or the body that has decided to liquidate it shall appoint, in agreement with the body that carries out state registration of legal entities, a liquidation commission and determine in accordance with the Civil Code of the Russian Federation and this Federal Law the procedure and terms for the liquidation of such an association.
3. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the liquidated horticultural, horticultural or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in state authorities, local governments and courts.
4. The body that carries out the state registration of legal entities enters into the unified state register of legal entities information that a horticultural, horticultural or dacha non-profit association is in the process of liquidation.
5. The liquidation commission places in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, horticultural or dacha non-profit association, the procedure and deadline for presenting claims of creditors of such an association. The term for submitting creditors' claims may not be less than two months from the date of publication of a notice on the liquidation of such an association.
6. The liquidation commission takes measures to identify creditors and obtain accounts receivable, and also notifies creditors in writing of the liquidation of a horticultural, horticultural or dacha non-profit association.
7. At the end of the term for presenting creditors' claims against a horticultural, horticultural or dacha non-profit association, the liquidation commission draws up an interim liquidation balance sheet, which contains information on the availability of land and other common property of the liquidated association, a list of claims submitted by creditors and the results of their consideration.
The interim liquidation balance sheet is approved by the general meeting of members of the horticultural, horticultural or dacha non-profit association (meeting of authorized persons) or by the body that made the decision to liquidate it in agreement with the body that carries out state registration of legal entities.
8. After a decision is made to liquidate a horticultural, horticultural or dacha non-profit association, its members are obliged to pay off the debt in full on contributions in the amount and within the time limits established by the general meeting of members of such an association (meeting of authorized persons).
9. If the liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds 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 persons) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell a part or all the common property of such a cooperative from public auction in the manner prescribed for the execution of court decisions.
The disposal of a land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in accordance with the procedure established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
10. If a liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy creditors' claims, creditors shall have the right to file a lawsuit with a court to satisfy the remaining part of the claims at the expense of the property of members of such a cooperative.
11. Payment of funds to creditors of a liquidated horticultural, horticultural 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 date of its approval.
12. After completion of settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of the horticultural, horticultural or dacha non-profit association (meeting of authorized persons) or the body that made the decision to liquidate such an association in agreement with the body carrying out state registration of legal entities.
1. A land plot and real estate jointly owned or owned by a horticultural, horticultural or dacha non-profit association and remaining after the satisfaction of creditors' claims may be sold with the consent of the former members of such an association in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the specified land plot and real estate are transferred to the members of such an association in equal shares.
2. When determining the redemption price of a land plot and real estate located on it of a horticultural, horticultural or dacha non-profit association, it shall include the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property by their withdrawal, 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, horticultural or dacha non-profit association is considered completed, such an association ceased to exist after an entry about it is made in the unified state register of legal entities, and the body that carries out state registration of legal entities informs about the liquidation of such an association in the press, in which data on state registration of legal entities are published.
2. Documents and accounting reports of a liquidated horticultural, horticultural 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 the indicated materials, and also to issue, at their request, the necessary copies, extracts and references.
An entry on the termination of the activities of a horticultural, horticultural or dacha non-profit association is made by the body carrying out state registration of legal entities upon submission of the following documents: an application for making an entry on liquidation (in case of voluntary liquidation) or an application for the termination of the activities of such an association, signed by a person authorized by the general meeting members of a horticultural, horticultural or dacha non-profit association (by a meeting of authorized persons);
the decision of the relevant body on the liquidation of a horticultural, horticultural or dacha non-profit association or on the termination of the activities of such an association;
the charter of such an association and a certificate of its state registration; liquidation balance;
a document on the destruction of the seal of such an association.
1. State registration of amendments to the constituent documents of horticultural, horticultural and dacha non-profit associations is carried out in accordance with the procedure established by the law on state registration of legal entities.
2. Changes to the constituent documents specified in paragraph 1 of this article shall enter into force from the moment of state registration of such changes.
Chapter X. PROTECTION OF THE RIGHTS OF GARDENING, GARDENING, COUNTRY NON-PROFIT ASSOCIATIONS AND THEIR MEMBERS. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION DURING GARDENING, HORTICULTURE AND COUNTRY FARMING1. The following rights of members of horticultural, horticultural and dacha non-profit associations are subject to protection in accordance with civil law:
1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifetime inheritable possession of land plots;
2) the rights associated with becoming a member of a horticultural, horticultural 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, horticultural or dacha non-profit association to own, use and dispose of land plots for common use, other property of such an association, and other rights provided for by this Federal Law and other federal laws shall be 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 application of the consequences of its invalidity, as well as application of the consequences of the invalidity of a void transaction;
4) invalidation of an act of a public authority or an act of a local self-government body;
5) self-defense of their rights;
6) compensation for their losses;
7) other methods provided by law.
1. A gardener, gardener or summer resident may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forestry, water, town planning legislation, legislation on the sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, gardening or country non-commercial associations, in accordance with the procedure established by the legislation on administrative offenses.
2. A gardener, gardener or summer resident may be deprived of the rights of ownership, lifetime inheritable possession, permanent (unlimited) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.
Mandatory advance warning of a gardener, gardener or summer resident about the need to eliminate committed 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 of state authorities, local self-government bodies, 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 garden or summer cottage land plots in violation of the deadlines established by law; concealment of information about the availability of free land in areas where horticultural, horticultural or dacha non-profit associations are located;
2) violation of the requirements of the approved town-planning documentation during the allotment of garden, vegetable garden or summer cottage land plots;
3) unlawful actions that entailed the unauthorized occupation of land within the boundaries of horticultural, horticultural or dacha non-profit associations or in the areas where horticultural, horticultural or dacha non-profit associations are located.
2. The imposition of a penalty in the form of a warning or a fine for the 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.
Officials of public authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with the conduct of gardening, horticulture or dacha farming by citizens, are subjected in cases that do not entail administrative or criminal liability, disciplinary action in the form of a remark, reprimand, severe reprimand, dismissal in the manner prescribed by the Code of Labor Laws of the Russian Federation.
Officials of public authorities, local self-government bodies are subject to criminal liability in accordance with the Criminal Code of the Russian Federation for the following violations of the law, if such acts are committed for personal gain using their official position:
registration of knowingly illegal transactions with garden, orchard or dacha land plots;
distortion of registration data of the state land cadastre;
deliberate underestimation of payments for land.
Losses caused to a horticultural, horticultural or dacha non-profit association or its members as a result of illegal actions (inaction) of state authorities,
1. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts in line with this Federal Law within six months from the date of its entry 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 accordance with the established procedure, proposals for introducing amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
adopt regulatory legal acts that ensure the implementation of the provisions of this Federal Law.
The president
Russian Federation
B. YELTSIN
Moscow Kremlin
The Zakonbase website presents the FEDERAL LAW dated April 15, 1998 N 66-FZ "ON GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" in the most recent edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for 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 15.04.98 N 66-FZ "ON GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" in a fresh and complete 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 15.04.98 N 66-FZ "ON GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" completely free of charge, both in full and in separate chapters.
More than 60 million summer residents are registered in the Russian Federation, 78 thousand of which are members of non-profit organizations.
A new law on dachas was adopted to regulate relations that arise in the process of gardening and horticulture by citizens for personal purposes. In accordance with the provisions of the law, citizens of the Russian Federation have the right to engage in gardening in the country without creating partnerships.
The law describes the rights and obligations of members of dacha associations, as well as the scope of their activities. Read more about the new changes related to dacha activities in the article.
The Russian State Duma adopted a new law on summer cottages. The decision was made in the spring of 2017. The new law will come into force in January 2019. The deputies give summer residents 5 years to re-register documents according to the new rules.
On the this moment on the territory of one suburban area, several legal and partnerships can be registered. According to the new law, summer residents must clearly divide the boundaries of a gardening partnership.
one territory = one partnership
By the way, you can download Federal Law 66 on horticultural partnerships in the latest edition
Changes were also subject to the issue of payment, which was made by gardeners who did not want to join a partnership of gardeners. Citizens who do not join the gardening community believe that they should not pay for anything other than:
- Sveta;
- water;
- gas.
The Government of the Russian Federation thinks differently: payments should be the same for everyone. Members of the partnership and individual gardeners will be required to pay once a year all the prescribed fees for the use of the site.
Based on the new law, the rights of individual summer residents are being expanded. Now they can:
- participate in association meetings;
- vote on issues related to annual fees.
After the adoption of the new law, such a concept as "summer residents" loses its legal significance. The concept of "dacha partnership" is replaced by gardening and gardening. The difference between them is also indicated in the law:
- horticultural community- it is possible to build residential buildings for permanent residence in them;
- horticultural community- created for growing vegetables and fruits. On their territory, it is possible to erect temporary buildings necessary for effective cultivation.
Also, thanks to the amendments, the procedure for water supply at the sites is simplified. In order to dig a well for individual needs, you do not need to ask the partnership for permission. The state proposes to drill a well for:
- household water supply;
- geological study of the site;
- the study of minerals;
- use of scientific information.
The procedure for the construction of buildings in the country
The law on summer cottage construction allows the construction of a residential building only in garden plots. On their territories it is allowed to build:
- capital residential building;
- garage;
- outbuildings;
- baths;
- sheds;
- awnings;
- greenhouses;
- gazebos and other structures.
For each of the above structures, a citizen can formalize the right of ownership. In 2017, the registration process has become much simpler. Real estate with an area of up to 50 square meters may not be registered. For registration, the owner needs a technical plan, whose cost starts from ten thousand rubles, and a receipt for payment of the state fee. The amount of the state duty is 400 rubles.
Important! Each owner is obliged to pay taxes for each registered property.
The SNiP spelled out the rules for the construction of buildings in the country:
Rule 1 The building should be at a distance of 3 meters from the neighbor's fence.
Rule 2 The building should not go beyond the "red line". This concept used to mark the boundaries between public and private territory. If the summer resident wants to build a house near the road, then the distance should be 3 meters. And if the future building will be erected on a straight street, then the distance to the red line should be 5 meters.
Rule 3 Between the erected houses, the distance must be observed:
- two wooden houses - 15 meters;
- if the houses have wooden floors - 8 meters;
- there must be a distance of at least 10 meters between a stone tree and a wooden tree.
An important point is that in the event of a fire, all buildings must be at a safe distance from each other.
Rule 4. The percentage of buildings on the site should not exceed 30%.
Important! The building must fully comply with fire regulations. If violations are found in the Ministry of Emergency Situations, a building permit will not be issued.
The order of construction of buildings on the site
Any construction on the site must begin with the construction of a fence. It is he who is the border between the sites. The fence can be:
- lattice;
- mesh.
The height of the fence should start from 1.5 cm. Also, the minimum height for the basement is 2.2 meters.
After the construction of the building on the site, the owner must check:
- the presence of a modernized meter for calculating the energy consumed;
- the correctness of the installed drain. In the event that your water gets to a neighbor, this can lead to serious proceedings;
- lack of gas cylinders on the territory of the site.
Principles to be observed for effective solution, questions that have arisen at the dacha:
- erect buildings on a relief predisposing to this;
- a shower, a garage, a greenhouse and other necessary buildings are best placed near a residential building;
- buildings on the site must be located in such a way that in case of strong wind or rain they protect the territory;
- planning the shortest distance from one building to another and another.
Download the text of the law
The federal law "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation" was adopted on July 29, 2017. The new law on dachas is number 217. The law consists of 55 articles.
To learn more about the text of the new law, download it at.
New law on gardeners and gardeners. What will change in SNT from 2019.
Global changes are coming in the lives of both the gardeners themselves, and the chairmen, and members of the board in connection with the entry from 1.01.2019. into force of the Federal Law "On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation" dated July 29, 2017 N 217-FZ.
Let's discuss what will change in SNT from a legal point of view.
The first thing to really pay special attention to is the new charter of the partnership. The law does not provide for a deadline for bringing the statutes of the SNT into line with the norms of the new law, but changes suggest themselves. The reason for this is the invalidity of all provisions that contradict 217-FZ. Since not every chairman, and even more so a gardener, knows 66-FZ by heart and can compare it with 217-FZ, it will be extremely difficult to use such a charter. This is about what is in your charter. Many really important things are not and cannot be in the current statutes, as they will be introduced by the new law. For example, there will be no more delegates from 2019, but general meetings will be held in person and in absentia. If the procedure and possibility of holding a meeting in this form is not regulated by the charter, then it will not be possible to hold it.
Partnerships will remain horticultural and horticultural, all of them will be a type of TSN (real estate owners partnership). At the first change in the charter, SNT, ONT and DNT will become TSN. As an option, tax inspectorates are currently accepting STSN and OTSN forms. Dacha associations will become garden associations. There is no need to change certificates and make changes to documents.
Membership and Expulsion. To become a member, you will need to write an appropriate application to the board of the partnership. There are certain requirements for the information that must be indicated in such an application and the documents that must be attached to the application (clause 5 of article 12. 217-FZ). If the application is executed in violation - this is the basis for refusing admission to membership. If now it is possible to exclude from members by decision of the general meeting of members, with little or no explanation of the reasons, then from 2019 this can only be done taking into account strict adherence to the procedure: in case of debt (at least two months or more, if specified in the charter ), send a warning request two months in advance (why, how much, where you need to pay and what will happen otherwise). The next step is to notify no later than two weeks of the holding of the general meeting and that such an issue will be considered at it. After the general meeting, notify in writing of the exclusion with an extract from the minutes and a statement of the background (how and why it happened).
New rights and obligations of individual gardeners. Now horticulturalists who are gardening without participating in a partnership are required to pay the same as members. They received the right not only to participate in general meetings of members and vote on those issues that relate to the disposal of public property and the establishment of the amount of contributions (payments). Since “individuals” have the right to participate in general meetings, it has also become possible to challenge (cancel) them in court. Therefore, when holding general meetings from 2019, keep in mind that it is necessary to properly notify not only the members of the partnership, but all owners of land plots located on the territory of the partnership.
Register of members. For two years gardeners have been discussing the register of members. Each partnership in one form or another, as a rule, has a certain list of members. Everyone has a question, is this list a registry? In 217-FZ, an entire article is devoted to the registry (Article 15 of 217-FZ). It states in detail what should be mandatory in the register, what is optional, and what is only with the permission of the gardener. Also in this article it is indicated where to get all the necessary information. But this becomes possible only for newly created partnerships. But what about those who have a 30-year layer of prehistory, read on our website in the "Register of Members" section. Please note that information about individual gardeners can be entered in a separate register of members only with their consent. But in order to properly notify such gardeners, you will need information from the registry ...
General meeting of members under the new rules. In terms of the period no later than which members must be notified of the general meeting, nothing has changed, but the list of those notified and the method of notification differ. According to 66-FZ, it was enough to post an invitation to the meeting on the bulletin board with the obligatory indication of the place, time and list of issues discussed. Also, the law, as an alternative or addition, prescribed notification by letters by mail, and in practice, publication in the media and on the official website of the partnership was still used. Now it will be necessary to apply all three methods, since “or” is not specified in the law:
- Send notification by e-mail (from the register of members), if the e-mail address is not known, then by Russian post;
- Place a notice on the official website of the partnership;
- Place on the bulletin board on the territory of the partnership.
And as a safety net, you can use the publication in the media. In this case, the media does not mean any newspaper, but the resource in which legally significant announcements are published in your region (at the location of the partnership). This is not a requirement. And we do this not in order to gain a quorum, but in order to have additional evidence in our defense, in case of litigation. We buy a newspaper with an advertisement and keep it in the affairs of the partnership. We photograph the announcement on the board with the date and also store it. We send notification letters only with an inventory, indicating in it to whom, what and what the helmet is about. We keep the description with the check. If this seems “too much” to you, then you do not have the sad experience of defending when challenging decisions of general meetings in court.
Even when taking into account participation in general meetings of individuals, the quorum is determined by the old rules. That is, for the legitimacy of the meeting, it must be attended by 50% + 1 member and no matter how many individuals. In this case, the latter must be properly notified.
If at the general meeting it is planned to adopt any provisions, estimates, new form the charter and any other documents that require approval by the general meeting, no later than 7 days in advance, all gardeners should have the opportunity to familiarize themselves with them. Otherwise, approval of documents is not allowed. The decision of such a meeting will be easily canceled in court. If the estimate can still be placed on the information stand and photographed, then how to “familiarize” everyone with the charter and at the same time be protected from a legal point of view? Only the official website of the partnership will help here. At the same time, it must be written in a certain way so that the date and time of publication are visible, and when adding the next news, the date of the previous one does not change.
An initiative group in the amount of more than 1/5 of the members will be able not only to initiate a meeting on the early re-election of the current board, but also with any other agenda. To do this, it will be necessary to send a request for a general meeting to the current board. The request may indicate not only the agenda items (mandatory), but also options for decisions on them (optional). If within thirty days the board does not hold a general meeting or it does not reach a quorum, then the initiative group will have the right to hold a meeting on the same issues independently. Proper notification and conduct procedures will need to be followed.
There will be no more delegates. Instead of authorized representatives, it will be possible to “apply” absentee voting. But you can use this useful tool only if the possibility and procedure for holding a meeting in person and in absentia are spelled out in the charter. Who is more satisfied with the commissioners, let's look at them from a different angle. It is assumed that for each commissioner voted a certain amount of the gardeners they represent. What prevents these voices from being confirmed by powers of attorney. They can be certified not only by the chairman or a notary, but also by the employer, at the place of study or at the medical institution at the place of treatment. Thus, the term "authorized" will not be applied, but if the principal (the one who gave the power of attorney) did not come to the meeting, his voice will be voiced by the authorized person (the one who was given the power of attorney). From a legal point of view, this method is even more reliable and effective, than authorized.
The grace period for using water wells without a license ends. It will be necessary to obtain a license by a partnership with wells in the period from January 1, 2019 to December 31, 2020. The list of documents required for obtaining a license will be significantly reduced. For more information on licensing, see Articles 31 and 51 of 217-FZ.
Term for which the board, chairman and auditor (RC) are elected. They are elected from among the members for a term not exceeding five years. A shorter period, if such a decision is made, should be spelled out in the charter. In the event that the term of office has ended, the board, chairman and AC continue to act until the moment of re-election. Under current law, this point is not regulated. The Auditor or the Auditing Commission are obliged to conduct audits at least once a year, unless otherwise provided by the charter.
Article 21
1. The exclusive competence of the general meeting of members of a horticultural, horticultural and dacha non-profit association (meeting of authorized persons) includes the following issues:
1) 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 in 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 provided 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 control over compliance with the 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, horticultural or country non-profit associations;
8) approval of the internal regulations of such an association, including the holding of a general meeting of members of such an association (a meeting of authorized persons); the activities of his board; work of the audit commission (auditor); work of the commission on control over observance of the legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; the internal work schedule of such an association;
9) making decisions on reorganization or liquidation of such an association, appointment of a liquidation commission, as well as approval of 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 relevant contributions;
11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of such an association;
12) approval of the income and expenditure estimates of such an association and the adoption of 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 the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund;
15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund and members of such an association;
16) making a decision on the acquisition of a land plot related to common property in the ownership of such an association;
17) approval of lists of members of a horticultural, horticultural or dacha non-profit association;
18) distribution of land plots formed or being formed among members of a horticultural, horticultural or dacha non-profit association to which land plots are provided in accordance with paragraph 3 of Article 14 of this Federal Law, indicating the conditional numbers of land plots in accordance with the land surveying project;
19) approval of a territory planning project and (or) a land surveying project for the territory of a horticultural, horticultural or dacha non-profit association.
The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) has the right to consider any issues related to the activities of such an association and make decisions on them.
1.1. Decisions on the issue specified in subparagraph 18 of paragraph 1 of this article cannot be taken by a general meeting of members of a horticultural, horticultural or dacha non-profit association held in the form of a meeting of authorized representatives.
2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) 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 (a meeting of authorized persons) is held by decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the suggestion of a local self-government body or at least one fifth of the total number of members of such an association. An extraordinary general meeting of members of such an association (a meeting of authorized persons) on the issue of early termination of the powers of the chairman of the board of the relevant association or early re-election of members of the board of the relevant association may be held in the absence of a decision of the board to hold this meeting, subject to the procedure established by this article for notifying members of the relevant association about holding this meeting.
The board of a horticultural, horticultural or dacha non-profit association is obliged, within seven days from the date of receipt of the proposal of the local government or at least one fifth of the total number of members of such an association or the request of the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting authorized) to consider the said proposal or demand and make a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives) or to refuse to hold it.
The board of a horticultural, horticultural or dacha non-profit association may refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons) if the procedure established by the charter of such an 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, horticultural or dacha non-profit association makes a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons), the said general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) must be held no later than thirty days from the date of receipt of an offer or request for its implementation. In the event that the board of a horticultural, horticultural or dacha non-profit association has decided to refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons), it informs in writing the audit commission (auditor) of such an association or members of such an association or a local self-government body, requiring an extraordinary general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons), about the reasons for the refusal.
The refusal of the board of a horticultural, horticultural or dacha non-profit association to satisfy a proposal or demand to hold an extraordinary general meeting of members of such an association (meeting of authorized persons) of the audit commission (auditor), members of such an association, a local government body may appeal in court.
Members of a horticultural, horticultural or dacha non-profit association may be notified of a general meeting of its members (a meeting of authorized persons) in writing (postcards, letters), through relevant messages in the media, as well as by placing appropriate announcements on information boards located on the territory of such an association, unless its charter establishes a different notification procedure. Notification of holding a general meeting of members of such an association (meeting of authorized persons) shall be sent no later than two weeks before the date of its holding. The notice of holding a general meeting of members of such an association (a meeting of authorized persons) must indicate the content of the issues submitted for discussion.
The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is competent if more than fifty percent of the members of such an association (not less than fifty percent of authorized persons) 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, horticultural or dacha non-profit association (meeting of authorized persons) is elected by a simple majority of votes of the members of such an association present at the general meeting.
Decisions on amendments to the charter of such an association and additions to its charter or on approval of the charter in a new edition, exclusion from the membership of such an association, on its liquidation and (or) reorganization, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are taken by the general meeting members of such an association (by a meeting of authorized persons) by a two-thirds majority.
Other decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are adopted by a simple majority of votes.
Decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner prescribed by the charter of such an association.
A member of a horticultural, horticultural or dacha non-profit association has the right to appeal to the court the decision of the general meeting of its members (meeting of authorized persons) or the decision of the governing body of such an association, which violate 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, horticultural or dacha non-profit association may be taken by absentee voting (by poll).
The procedure and conditions for conducting absentee voting are established by the charter of a horticultural, horticultural and dacha non-profit association and the internal regulations on conducting absentee voting, which should provide for the text of the ballot for absentee voting, the procedure for informing members of such an association of the proposed agenda, familiarizing themselves with the necessary information and documents, making proposals on the inclusion of additional issues on the agenda, as well as an indication of a specific deadline for the end of the absentee voting procedure.
If the agenda of the general meeting of members of a horticultural, horticultural or dacha non-profit association includes the issues of amending the charter of the association or approving it in a new edition, liquidating or reorganizing the association, approving the income and expenditure estimates, reports of the board and the audit commission (auditor) of the association, conducting on such issues, absentee voting (by poll) is not allowed, except for the case when the general meeting of the members of the association, which was held by the joint presence of the members of the association and the agenda of which included the indicated issues, did not have the quorum provided for in paragraph seven of clause 2 of this article.
Judicial practice under article 21 of the Federal Law of 15.04.1998 No. 66-FZ
- ... to a land plot with cadastral number No., located relative to the landmark, the southeastern outskirts of Yuzhno-Sakhalinsk (Zima River Valley); on the invalidation of the contract of sale dated 21 . 05.2013 of the land plot; on the termination of the right of ownership of Victoria Nikolaevna Egorenkova to a land plot with cadastral number No.; on the removal of a land plot from the state cadastral registration and ...
Decision dated October 30, 2018 in case No. А21-5227/2017
Arbitration Court of the Kaliningrad Region (AC of the Kaliningrad Region)
Cabinet-type with cadastral number 39:15:000000:7440, were the subject of a court investigation when considering case No. A21-3913 / 2017. Referring to the provisions of articles 1,4, 21 of Law No. 66-FZ, the terms of the agreement on joint activities dated 23.01.2013 , the court indicated that the construction of the disputed facilities was carried out at the expense of individuals participating in the construction ...
Decision dated October 30, 2018 in case No. А46-14832/2016
Arbitration Court of the Omsk Region (AC of the Omsk Region)
Robkanov M.N. by power of attorney dated June 14, 2018 No. 55/38/55/49 (identity is certified by a passport of a citizen of the Russian Federation). representative Any C.A. by proxy dated 21. 12.2015 No. 00/458 (identity certified by a passport of a citizen of the Russian Federation); from the defendant – failed to appear, notified, from third parties: from JSC «ETK» - representative Rodin A.The. by proxy from...
Decision dated October 18, 2018 in case No. А60-27068/2017
Arbitration Court of the Sverdlovsk Region (AC of the Sverdlovsk Region)
On July 12, 2012, M SNT "Garden ZARYA" was excluded from the Unified State Register of Legal Entities by decision of the registering authority as having actually ceased operations on the basis of Art. 21 . 1 of Federal Law No. 129-FZ of 08.08.2001 “On State Registration of Legal Entities and individual entrepreneurs". By the decision of the owners of land plots located within the boundaries of the land plot liquidated ...
Decision dated October 4, 2018 in case No. А56-90643/2018
Arbitration Court of St. Petersburg and the Leningrad Region (CA of St. Petersburg and the Leningrad Region) - Civil
The essence of the dispute: On the recognition of ownership
District, Vyborg, st. Sovetskaya, d. 12, OGRN: 1054700191391, TIN: 4704063710) on recognition of ownership with participation - from the plaintiff: Belova L.Yu. – power of attorney dated 21. 06.2018, - from the defendant: Yakovleva A.A. – power of attorney dated February 27, 2018. established: The horticultural non-profit partnership "Antrakt" (hereinafter referred to as the Claimant) applied to the Arbitration Court of the city of St. Petersburg and ...
Decision No. 2-3235/2018 2-3235/2018~M-3154/2018 M-3154/2018 dated September 28, 2018 in case No. 2-3235/2018
Sovetsky District Court of Omsk (Omsk Region) - Civil and administrative
Provided by law, the decision of the meeting is void if it is adopted in the absence of the necessary quorum. The procedure for holding general meetings of members of a horticultural partnership is established by paragraph 2 of Article 21 of the Federal Law of 15.04.1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens." In particular, it is provided that the general meeting of members of the horticultural, horticultural or ...
Decision No. 2-945/2018 2-945/2018~M-953/2018 M-953/2018 dated September 28, 2018 in case No. 2-945/2018
Ryazan district court (Ryazan region) - Civil and administrative
Legislation on civil proceedings, apply to the court for the protection of violated or contested rights, freedoms or legitimate interests. In accordance with paragraph 12 of Part 2 of Article 21 of Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”, a member of a horticultural, horticultural or dacha non-profit association has the right to appeal to the court ...
Decision No. 2-1815/2018 dated September 27, 2018 in case No. 2-1815/2018
Salekhard City Court (Yamalo-Nenets Autonomous Okrug) - Civil and administrative
August 09, 2018. After hearing the parties, examining and evaluating the evidence presented in accordance with the rules of Article 67 of the Code of Civil Procedure of the Russian Federation, the court comes to the following conclusions. By virtue of Art. 21 of the Federal Law No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" the establishment of the amount of membership and other fees belongs to the exclusive competence of the general meeting. According to Art. 19 ...
Decision No. 2-2540/2018 2-2540/2018~M-2168/2018 M-2168/2018 dated September 26, 2018 in case No. 2-2540/2018
Kuibyshevsky district court of Irkutsk (Irkutsk region) - Civil and administrative
Non-profit associations of citizens, the general meeting of members of a horticultural, horticultural or dacha non-profit association is the supreme governing body of such an association. By virtue of par. 11 p. 1 art. 21 of the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens", to the exclusive competence of the general meeting of members of the horticultural, horticultural and dacha non-profit ...
- 25.9.2017
- 211264
The new dacha law and its accompanying by-laws will double the mandatory spending of dacha residents and complicate the procedure for registering houses in garden plots. At the same time, the promised solution to the issue of registration in garden houses did not happen. Experts interviewed by the site portal talk about how the life of summer residents will change on January 1, 2019 and what needs to be done before this date.
The main provisions of the law "On the conduct by citizens of gardening and horticulture for their own needs" No. 217-FZ (dated 07/29/17) will work from January 1, 2019 (the law regarding water wells has already entered into force, but more on that below). Even at the stage of discussing the draft law, representatives of the State Duma repeatedly stated that the law would clearly spell out the rules for registering buildings in gardens and kitchen gardens, as well as the possibility of registration in summer cottages. None of this is in the final version of the law. Today, even the authors of the bill say that its main innovation is a purely formal change of terms, plus clarification of purely procedural issues regarding membership in garden associations, voting, etc.
Ludmila Vorobieva
leading specialist of the public reception of the Union of Gardeners of Russia
The new law abolished most types of gardeners' associations. Only two forms are left: horticultural non-profit partnerships (SNT) and horticultural non-profit partnerships (ONT). I would like to emphasize that there are no deadlines during which the existing associations of summer gardeners must carry out their own renaming. All partnerships and other associations can exist with their constituent documents for an arbitrarily long time. If a dacha or horticultural association makes changes to its papers, then it is automatically renamed SNT. Association of gardeners - respectively in ONT.
It should be clarified that only on the lands of garden associations can construction be allowed. capital houses(in which, respectively, you can register).
How to register a residential building under the new law
As the portal website previously told, only on the site of the category “land of settlements” with the permitted use of “individual housing construction” (IZHS) or “personal subsidiary farm"(LPH), as well as on agricultural land with permitted use -" summer cottage construction ".
The new law does not make fundamental changes to the described alignment. According to 217-FZ, on garden plots (on the territory of the ONT), only outbuildings intended for storing inventory and crops can be erected. It is impossible to build housing - temporary or permanent. Outbuildings on ONT lands do not need to be registered.
But on a garden plot (on the territory of SNT), according to 217-FZ, you can build a "garden house" for seasonal residence or a "residential house" - a capital building in which registration is possible. At the same time, paragraph 2 of article 23 of the new law states that a capital house can be built in SNT only if this land is included in “territorial zones, in relation to which urban planning regulations have been approved that establish the limiting parameters for such construction.” That is, the possibility of building a capital house will depend not only on the permitted type of land use, but also on the general plan approved by the municipality.
As lawyers note, the rule of opportunity capital construction only in the relevant zones (Zh-1, Zh-2, etc.) is also available in the current dacha law 66-FZ, but in fact it does not work. Municipalities and the registration authority are guided mainly by the status of the land and the permitted use. Moreover, if this norm really works, then construction on garden plots will become impossible at all. Indeed, for such sites there are no urban planning regulations yet. However, there is hope that the necessary changes to the law itself or by-laws will be made before the entry into force of 217-FZ.
At the same time, all experts agree on one thing - the owners of built and registered houses have nothing to fear.
Ludmila Buryakova
head of the public reception of the Union of Gardeners of Russia
The entry into force of the new law will not affect buildings that have already been registered. Their status will not change. However, as today, and after the entry into force of the law, the owners must register all capital buildings (which stand on the foundation). Even non-taxable residential buildings less than 50 square meters are registered. m. Everything that is not put on the cadastral register is outside the legal field. True, if earlier the cost of registration was 200-400 rubles, then from January 1, 2017, due to the need to draw up a technical plan for the object (through the BTI or a cadastral engineer), the cost of registering a residential building on a garden plot increased to 8-12 thousand rubles.
The entry into force of the new dacha law will further increase the cost and complicate the procedure for registering a residential building in the SNT.
Vladimir Voronov
lawyer, suburban real estate expert AN "Link"
The most interesting thing in the new law is that in order to register a residential building built on agricultural land for cadastral registration, it will be necessary to present a building permit (paragraph 4 of article 45 of law 217-FZ amends article 51 of the Town Planning Code) . Now it is enough to have a technical plan for the house (it is compiled by the BTI or a cadastral engineer). Therefore, to anyone who is building a residential building today on a garden plot, I advise you to register the house now - until a building permit is required.
It should be noted that the need for a building permit formally arises even before the entry into force of 217-FZ. In March 2018, the "" action ends and a building permit becomes mandatory for registering a house built on suburban area(on agricultural land).
Natalia Tsaregorodtseva
The problem is that today no authority issues building permits on agricultural land. In district and city administrations, such papers are given only for IZHS lands. Gardeners who are starting construction today found themselves in a hopeless situation. They are forced to work without a building permit. But when the construction is completed, the “dacha amnesty” will already end and / or 217-FZ will come into force. That is, the Cadastral Chamber will require a building permit to register a house. And it’s not a fact that the summer resident will be able to get this paper, because his house has already been built without permission. This means that the house (built in accordance with all laws and requirements) cannot be registered (put on the cadastral register). However, there is still hope that the municipalities and legislators will develop a mechanism in the coming months to get the summer resident out of the described situation.
Previously, the portal site for cadastral registration and registration of ownership of a private house on the lands of IZHS. Most likely, after the new dacha law comes into force, this instruction will also become relevant for gardeners building on rural land.
Nadezhda Loktionova
Law 217-FZ specifically stipulates that on gardening lands non-profit partnerships(ONT) any housing construction is prohibited. It will be possible to build only outbuildings there. However, today there are partnerships of gardeners on whose lands residential houses have been legally erected. If the owners of such houses have not yet registered them, then they need to hurry. If you have time to legalize housing on garden land before the law enters into force, then it will retain its official status in the future. But I repeat, we are talking only about buildings erected in accordance with the law.
How to register in a garden house under the new law
The authors of the law 217-FZ have repeatedly stated that their law will allow to put things in order in the issue of registration in a house built on a garden plot. In particular, it was said that today it is possible to register in a dacha only by a court decision, which must recognize the house as capital, suitable for permanent residence. With the adoption of the new law, registration in a residential building on the lands of SNT will be a matter of course ... However, the final version of the new dacha law does not say anything about registration.
Natalia Tsaregorodtseva
Chairman of the Sverdlovsk branch of the Union of Gardeners of Russia
The new law does not contain regulations on the residence permit (registration) of citizens in residential buildings erected in garden plots. We can only hope that this will be taken into account in additional acts.
Why the new law will double the mandatory spending of gardeners
With the entry into force of 217-FZ, all contributions from gardeners will have to go through the current account. The transfer of cash to the hands of the chairman of the partnership is prohibited. Only non-cash transfer through a bank teller, through an ATM or Internet bank.
Nadezhda Loktionova
lawyer, chairman of the Yekaterinburg Union of Gardeners
The new law forces gardeners and gardeners to switch to cashless payments. People are afraid of this. They will have to pay a transfer fee. In addition, in such conditions, the chairman will no longer be able to conduct business himself. You will have to hire an accountant for a salary, which means that the expenses of the partnership will increase. Calculations show that after January 1, 2019, membership fees will double. In some partnerships, the size of membership fees (without target) can reach 20 thousand rubles. in year.
At the same time, as Nadezhda Loktionova notes, the increase in taxes will increase the additional expenses of summer residents. It is not tied to the new dacha law, but will actually grow in parallel with the entry into force of 217-FZ.
Nadezhda Loktionova
lawyer, chairman of the Yekaterinburg Union of Gardeners
At the end of 2018, summer residents will receive tax notices with new amounts. If today the land tax for summer cottages, gardens and garden plots is calculated at a rate of 0.15%, then next year the calculation will be at a rate of 0.3%.
The law will allow the transfer of garden plots to IZHS lands
According to paragraph 12 of Art. 54 of Law 217-FZ, if a garden partnership is located within the boundaries of a settlement and all the houses in it are recognized as residential, then the owners, by contacting the local administration, achieve a change in the status of the lands on which the SNT stands to the lands of settlements with the permitted use of individual housing construction. In this case, the SNT is transformed into a homeowners association and lives according to the norms of the Housing Code.
However, experts note that, firstly, the described scheme will not work without the relevant by-laws, and secondly, the transfer of “dacha” land to the status of individual housing construction will significantly increase the amount of land tax. For comparison: the marginal tax rate for garden land is 0.3% of the cadastral value, and for individual housing construction land - 1.5%. Therefore, if gardeners can register in their homes, then it makes no sense for them to move from SNT to HOAs.
The only norm 217-FZ that entered into force
Since the publication of the new dacha law (August 2, 2017), only the norms relating to water wells have come into force. Thanks to them, it has now become clear in which cases the owner needs to license his well.
Almaz Khafizov
Deputy Director of State Unitary Enterprise "Ecosystem"
A water well license is not required if four conditions are met: 1) the well is owned by an individual; 2) the well was not drilled into a centralized aquifer (information about this can be obtained from the Ministry of Ecology); 3) the well is used only for personal purposes; 4) less than 100 cubic meters of water rises from the well per day. That is, in fact, only wells belonging to partnerships need a license. Private wells do not need to be licensed.
In relation to the new law, most gardeners took a wait-and-see attitude. They cherish specific conclusions and opinions until the issuance of by-laws and the appearance judicial practice on the application of 217-FZ.
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