Russian Prime Minister Dmitry Medvedev at a meeting with representatives of horticultural, horticultural and dacha farms in Kursk region expressed the opinion that the adoption of a new law regulating the activities of horticultural associations would make life easier for Russian gardeners.
“I very much hope that all the innovations of the bill will not only be useful to all our horticultural, horticultural and summer cottages, but will also make life easier for people who constantly use their garden and summer cottages", - said Medvedev.
About the bill
According to him, the innovations will also allow "to solve a number of other problems that are purely economic in nature, in particular, connecting to energy networks, gas, water supply, and improving the general condition of roads."
The prime minister recalled that this document was considered at a government meeting last week. Then he proposed to give some more time to finalize the bill in order to take into account the proposals that will appear during this meeting.
The head of government believes that the current law, adopted almost 20 years ago, is significantly outdated.
Key points
Medvedev outlined the main provisions of the prepared bill. In particular, according to him, the types of real estate that can be placed on garden plots are being systematized.
He also said that the bill systematizes the forms of horticultural organizations, defines specific types contributions that must be paid by members of partnerships, as well as a closed list of areas for which they can be spent.
The bill also defines a unified non-competitive procedure for allocating land to gardeners located in state property. According to the prime minister, this will allow unused land to be brought into circulation.
About cadastral valuation
According to Medvedev, the system for assessing the cadastral value of summer cottages should be unified and it is necessary to stop the practice independent evaluation. According to the minister, evaluations by independent companies can serve different purposes: "both lawful and completely unlawful."
In this regard, the minister recalled, from January 1, 2017, the law on state cadastral valuation comes into force.
“This will be a single federal methodology throughout the country, so that it does not turn out that one neighboring plot cost five more than the one next to it. It is clear that the sizes can be different, but nevertheless, the methodology should be the same,” the prime minister emphasized.
About electricity
The head of government also believes that residents of gardening associations should pay for electricity at the same rates as rural residents.
At the same time, he recalled that the decision on electricity tariffs is made directly by the leaders of the regions, who can also introduce reducing coefficients.
About roads
In addition, Medvedev urged to involve abandoned roads in economic circulation, while not forgetting about financing their maintenance. In his opinion, roads of general and local importance "should form the backbone of this kind of road economy."
About water
The Prime Minister of the Russian Federation specifically noted that it is necessary to automatically renew licenses for water wells for gardening and summer cottages free of charge and automatically. At the same time, Medvedev stressed that all these wells should be registered.
About seed production
The head of the Cabinet called support for breeding, genetics and seed production the main tasks in the field of agriculture. According to him, the problem of providing breeding and seed material arose in agriculture a long time ago and this is a matter of national security.
“The number one task on a national scale is to support breeding production, breeding, genetics, seed production. This is now in our development priorities. Agriculture", - said Medvedev.
About the new holiday
Also, the prime minister did not ignore the proposal to introduce a new holiday - Gardener's Day. According to him, if “this is a really good unifying reason to talk about your results, just to meet and discuss some issues,” then you can also think about it.
The Prime Minister proposed the second Sunday of September as the date of the holiday.
Medvedev's meeting with representatives of horticultural, horticultural and summer cottages took place at the Chimfarm SNT. Before the meeting, the Prime Minister toured one of the partnership's plots and talked to summer residents about problems in this area.
The headache of Russian summer residents is broken roads, for the condition of which no one is responsible, ruinous electricity tariffs, bureaucratic red tape when registering plots, connecting to gas pipelines and power systems. Dmitry Medvedev discussed how to remedy the situation with the owners of suburban areas. The new law concerns various aspects of country life.
“Here the rains begin, then when the pipes break through there, this waterfall comes to us. Naturally, it washes away all the way, you can’t go through, ”the summer resident Tatyana Ukhanova is indignant.
The broken road, which you can’t drive with a breeze even in good weather, has long separated residents and local authorities on different sides. Here, for years, they decide at whose expense to make repairs. On the one hand, the road is within the city, on the other hand, it was built 20 years ago garage cooperative. And, therefore, officials believe, the surrounding pits are a problem for summer residents, whose plots are right behind the garages.
“Their desire, their duty. If they want, they restore it, but if they want, they drive through the pits,” says Irina Golubeva, head of the Department of Improvement and Communal Services of the Administration of the Priluzsky District of Nizhny Novgorod.
indifference to road problems show not only officials. In the large, 800-house horticulture "Druzhba", this issue has become a cause of contention. Not all summer residents want to chip in for repairs. “I don’t have transport, and my legs will go everywhere,” says Vladimir Avdeev.
And it turns out a vicious circle: while some shift responsibility, referring to bureaucratic norms, the latter do not want to negotiate with their neighbors. “We drive slowly while we drive,” says Oleg Dednev.
Voronezh region. Off-road begins in the city. Nobody wants to own a road. And everyone has to travel.
“I am loaded with food, I am afraid that the booth will come off. Where to go on such a road, what are you doing? the driver worries.
In the spring, bus drivers simply refused to come here. Four stops to their dacha, about an hour's journey, people were forced to walk. The local authorities then intervened and carried out repairs.
“The pits were covered with rubble. It began to rain - the gravel was washed away, ”says bus driver Gennady Golubev.
In emergency cases, the pits are plugged with bricks. Already not bad, they say in the Voronezh administration, because this is at the expense of the budget. Despite the fact that the road, as they are sure here, is not listed on the city balance sheet. Gardeners who disagree with this went to court.
“These are public roads, but these are private roads. There are a number of cases before the court. We will understand, the judiciary will judge us, then we will already have arbitrage practice, and then we will be forced to make roads,” says Maxim Oskin, head of the Voronezh Road Administration.
Thousands of roads with unclear status or simply abandoned. Cut off from the "mainland" cottages, severe accidents and no repairs. Gardeners of the Kursk region told Dmitry Medvedev about this. The prime minister arrived by car to meet with them at one of the dacha cooperatives, so there was no need to describe the scale of the problem in detail.
“Our country should not have ownerless roads, as well as ownerless power grids and substations. It's just not businesslike, sometimes even dangerous. Each region must have certain plans for itself, how it will involve these roads in circulation, put them on the balance sheet, of course, with the necessary financial support. This, of course, is the means of the municipal road fund. Secondly, these are subsidies from the higher budget, in this case the budget of the region. So, step by step, we need to bring these roads into use. I will give such instructions to my colleagues-governors,” the head of government said.
Railroad crossings also need to be put in order. The Ministry of Transport and Russian Railways were instructed to repair the entire road network leading to garden plots as soon as possible. And, of course, the problems of gardeners are not limited to roads alone. But before talking about them, the hosts treated the Prime Minister to their apples - straight from the branch.
The demand for local apples is high, gardeners say, and this year's harvest is such that summer residents plan to open it right next to the plots. own shop. Dmitry Medvedev supported the idea: the government is preparing new law about horticultural partnerships, which should save Russian summer residents from unnecessary red tape in such matters.
Another important issue is seed production. AT last years in terms of imports of this product, Russia is consistently among the top ten in the world. The situation, according to the prime minister, must be urgently changed. This is a food security issue.
“The number one task on a national scale is to support breeding production, breeding, genetics, and of course, seed production. This has now become a priority for the development of agriculture, we direct a significant part of the money for the development of agriculture for these purposes. I hope that in the coming years, both agricultural enterprises and ordinary gardeners will receive normal seeds, moreover, adapted to our weather conditions. And this is also not an easy task, because, as you know, our country is rather big,” Dmitry Medvedev said.
There are 60 million summer residents and gardeners in Russia. The former law, which regulates various aspects of suburban life, is so outdated that it was decided not to edit it, but to actually write it from scratch. General meaning: the maximum simplification of all bureaucratic procedures.
The new law, for example, will allow the construction of a summer house on a garden plot without any prior permits, and in big houses it will be possible to register as in an apartment. The previous norms seemed to allow this, but the procedure itself was not yet in the law, and, therefore, the practice of application was also absent. And of course, Special attention on a sore subject for many - gas and electricity.
The supports are crumbling before our eyes. A little more, and the pole, along with live wires, will collapse onto the site. It will take about 200 thousand rubles to repair the entire line in this gardening. Ulyanovsk summer residents do not have such money. Not everyone has enough money to pay their bills. Because of this, pensioner Ivan Yavkin comes to the dacha only for the weekend. “It burns up all the same during the summer, somewhere around 300 kilowatts, a thousand rubles almost burns up,” the pensioner complains.
This is a common problem, Medvedev was told. Even in small partnerships, owners often pay city tariffs, which are significantly higher than rural ones.
“There is an example: somewhere the city tariff is 3.96, and the rural one is 2.77. There is a village road: on one side of the SNT, on the other side of the village. And often they are fed from one substation, while the villagers pay the rural tariff, and the SNT participants pay the city tariff. And this is mostly in Russia,” the head of the regional office"Union of Gardeners of Russia" in the Tver region Vitaly Kotov.
“Regional authorities have the right to establish reduction coefficients for these tariffs, that is, to establish preferential tariffs up to tariffs that apply to rural residents. As a recommendation, such a decision can be taken so that the leaders of the regions and regional energy commissions decide to equate gardening associations with rural residents. In any case, from the point of view of justice, it seems to me that this is quite correct,” the Prime Minister explained.
The draft of the new law for summer residents and gardeners has already been approved government commission, but with adjustments. Now they are working on improvements in the Ministry of Economic Development. After that, the law will be submitted to the State Duma for consideration.
At the General Meeting of Gardeners on August 20, 2017, the issue of the need to license the use of a well for the needs of SNT was discussed.
We are attaching the official response of the Ministry of Ecology and Nature Management of the Moscow Region dated September 11, 2017 to the Chairman of the Polyanka Gardening Non-Commercial Partnership Dudareva N.K. Incoming letter number - 24ТГ-13894
The Ministry of Ecology and Natural Resources Management of the Moscow Region (hereinafter referred to as the Ministry) has considered your appeal in. dated August 24, 2017 No. 240G-13538, on the procedure for obtaining a license for SNT.
Article 31 federal law dated July 29, 2017 No. 217-FZ, the extraction of groundwater by horticultural non-profit partnerships and (or) horticultural non-profit partnerships for the purposes of household water supply of partnerships is carried out without conducting a geological study of the subsoil, conducting a state examination of mineral reserves, geological, economic and environmental information on the provided for the use of subsoil plots, coordination and approval technical projects and other project documentation to perform work related to the use of subsoil.
In accordance with Article 51 of the Federal Law of July 29, 2017 No. 217-FZ, which entered into force on the date of official publication - July 30, 2017, non-profit organizations, created by citizens for gardening, horticulture or dacha farming, have the right to extract groundwater for the purposes of domestic water supply of these non-profit organizations until January 1, 2020 without obtaining a license for the use of subsoil.
Therefore, non-profit organizations created by citizens for gardening, horticulture or dacha farming are required to obtain licenses for the use of subsoil for the extraction of groundwater before 01/01/2020.
A license for the right to use subsoil is a document certifying the right of its owner to use a subsoil plot within certain boundaries in accordance with the purpose specified in it within a specified period, subject to the owner's compliance with predetermined conditions. Registration of a license for the use of subsoil plots of local importance is carried out on the basis of a decision of the authority state power subject Russian Federation on granting the right to use subsoil plots to a subject entrepreneurial activity adopted on the grounds specified in Art. 10.1 of the Law of the Russian Federation of February 21, 1992 No. 2395-1 "On Subsoil" (hereinafter referred to as the Law of the Russian Federation "On Subsoil").
According to paragraph 3 of part 1 of Art. 2.3 of the Law of the Russian Federation "On Subsoil" subsoil plots of local importance include subsoil plots containing groundwater that are used for the purposes of drinking and domestic water supply or technological water supply for industrial or agricultural facilities and the volume of production of which is not more than 500 cubic meters meters per day.
On the territory of the Moscow Region, the authority to make decisions on granting the right to use a subsoil plot of local importance is exercised by the Ministry.
In order to obtain the right to use subsoil, an application is submitted to the Ministry in the prescribed form with documents attached.
The application form, the term for consideration of the application and an exhaustive list of documents required for the Ministry to make a decision on granting a subsoil plot for use are provided for by the Procedure for Considering Applications for Obtaining the Right to Use a Subsoil Plot of Local Importance for Geological Survey for the Purposes of Prospecting and Evaluating Groundwater, for the Extraction of Groundwater or for geological study for the purpose of prospecting and evaluating groundwater and its extraction, approved by the Order of the Ministry of Ecology and Natural Resources of the Moscow Region dated March 12, 2015 No. 125-RM (hereinafter referred to as the Procedure).
The procedure and the amendments made to it are posted on the official website of the Ministry in the information and telecommunication network Internet http://mep.mosreg.ru/ in the section "Documents / Rule-making / Regulatory legal acts published by the Ministry.
In addition, we inform you that the text of the Procedure is also available in the legal reference systems "Garant" and "ConsultantPlus".
The list and sample documents, the list of contact numbers for obtaining advice on groundwater licensing issues are posted on the official website of the Ministry at: http://mep.mosreg.ru in the section "Documents / Activities / Subsoil Use / Groundwater Licensing".
Russian Prime Minister Dmitry Medvedev believes that summer residents should pay for electricity at the same rates as rural residents. He stated this at a meeting with representatives of horticultural and dacha farms in the Kursk region. However, the Prime Minister noted final decision handed over to the heads of the regions.
Dmitry Medvedev met with gardeners in the village of Shchetinka, Kursk Region. Photo: Ekaterina Shtukina / press service of the government of the Russian Federation / TASS
Prime Minister Medvedev started the week with fresh apples. Kursk gardeners treated him to them. A few days ago, the government discussed the draft law "On horticulture, horticulture and dacha farming", and the head of the Cabinet promised to discuss it with the dacha owners themselves. And so, being in Kursk on Monday, he kept his word: he visited the horticultural non-profit partnership (SNT) "Khimfarm" in the suburbs. The partnership is large, unites 1353 land plots, all of which are provided with water and electricity. But even here, as it turned out, not without problems: it turns out to be expensive to pay for light.
The Prime Minister nodded and explained that in terms of electricity consumption, horticultural associations are legally equal to the urban population. And he suggested a way out: to discuss the issue with the leaders of the regions. "Regional authorities have the right to establish reduction coefficients for these tariffs, that is, to establish preferential tariffs, up to those that apply to rural residents," he said.
Many other difficulties faced by Russian summer residents will be eliminated by the bill prepared by the Cabinet of Ministers. It is no coincidence that the government pays so much attention to it: 60 million Russians are impatiently waiting for the law - that is how many city dwellers in the country have the opportunity to grow cucumbers and strawberries in their own beds.
“This figure, of course, is amazing: half of the country is somehow connected with dacha, horticultural farming,” Medvedev shared. “In fact, dacha farming is a unique phenomenon. Probably, many people know that in foreign languages, at least in English language, the word "dacha" is borrowed from the Russian language, it sounds like that in English. In fact, this means that this is a purely Russian phenomenon. Of course, there (abroad) there are also houses in nature, but they don’t have such a special dacha lifestyle.
For a long time, summer residents in the country were treated rather dismissively: they are not farmers, they have six acres - and let them rejoice. But in the 90s, it was these 6 acres that helped many to survive. Now the state has gotten around to helping summer residents, first of all, to settling many legal issues. After all, the law was adopted in 1998. Since then, many norms of civil, land, housing legislation have appeared, which often contradict each other. The so-called "dacha amnesty" helped to partially remove the problem, but it did not concern all aspects.
“We decided that it makes no sense to change the current law, it is very outdated, and we need to do everything in a complex, create a new law. Such work was carried out at the site of the Ministry of Economic Development,” Medvedev said and listed some of the innovations.
In particular, the draft law systematizes the forms of horticultural organizations, determines the specific types of fees that members of partnerships must pay, and establishes a list of areas for which they can be spent.
Defines the bill and types of real estate that can be built on land plot. "It can be a garden house, which does not require a building permit at all. Or you can build a full-fledged house on the site and you can register for permanent residence in this house," Medvedev said.
Another important innovation: the document defines a unified, non-competitive procedure for allocating land to gardeners that is state or municipal property. "The current law establishes a competitive, tender procedure. Now this requirement is being removed. This will make it possible to involve unused lands in circulation," the prime minister explained.
He also pointed out that the law "establishes transitional provisions for existing partnerships, and no re-registration will be required, it will simply be necessary to change the charter and no more formalities."
"I very much hope that these innovations will not only be useful to our horticultural, horticultural and summer cottages, but will simply make life easier for people who constantly use their garden plots," the head of the Cabinet emphasized and said that he had sent the bill for revision.
Kursk gardeners hurried to take advantage of this delay and asked to take into account the problem of abandoned roads, which the owners of the plots are forced to use when driving off the highway to the territory of the partnership. Most of them are ownerless and according to the documents there are simply no such roads. And ideally, the summer residents suggested, these access roads would be put on the balance sheet of the municipalities.
The head of government did not immediately give a definite answer, he promised to consider the issue. This is understandable: if such a road is recognized as a municipal one, then the region will have to find money for its maintenance. Which is very difficult at the moment.
However, the gardeners and the Prime Minister ended their conversation on a happy note. Medvedev was offered to introduce Gardener's Day in Russia. He supported the initiative and even proposed a date - the second Sunday of September. So now the closing of the summer season will become the official holiday of the Russians.
One of the most exciting issues for OD readers today is the licensing of water wells. Will gardeners like individuals take a fine of 3-5 thousand rubles for the lack of a license for a well of a gardening partnership? Or garden partnership oblige to pay one million rubles for the same thing?
This question was asked yesterday, August 22, at a meeting between the Prime Minister of the Russian Federation Dmitry Medvedev and the gardeners of the Kursk region, L. Grigorieva, an accountant of the local SNT "Khimfarm".
"By gardening associations begin to conduct environmental audits on the use of wells for water production. We are talking about the availability of a license for wells ... Registration of a license is not only an expensive process, but also a rather lengthy one. Are such checks and fines legal? Is there any federally mandated deadline for obtaining a well license? - asked Dmitry Medvedev, the accountant of the association of gardeners.
He literally replied:
"... The fact that some organizations ask for money to obtain such licenses from the established authorized state bodies is a complete disgrace. These licenses were not introduced in order for intermediaries to earn money on them.
As a result, I have an idea. I have already instructed my colleagues in the Government and governors to work it out, this applies to all regions. If we are talking about the water use of an ordinary member of a gardening association up to 100 cubic meters of water, this does not require licensing ... But the fact is that many of our strong, large gardening associations use water in a centralized way. They have artesian wells, where there is good water, but not all of this is formalized. I asked the governor of the Moscow region. It has about 20,000 horticultural associations, the region is rather big, about 7 million people, and only a quarter has water use formalized in some way. This means that three-quarters will have to obtain these licenses if there is a centralized use of water. Do you understand what it will lead to? Each partnership will pay a million rubles (and this is a lot of money for gardening) just to be allowed to use the water that they already use, especially since most of these wells were dug for people's money.
What's the idea? For all users whose wells originated before the entry into force of this law and who are already in force at the moment, they can renew all these licenses automatically and free of charge. Just put it on record, say there is a well, this well is known to us, it is located in such and such an area, has such and such coordinates, has such and such depths, and that’s it, and don’t take a penny. That is, in fact, we would conduct an amnesty in this area. It seems to me that this would be correct. And those who apply again, new partnerships, let them receive a license in the prescribed manner. I think it will be fair. And we will definitely bring this idea to life."
With water, thanks to the Prime Minister of Russia, it seems that they figured it out. But licenses for other activities, for example, firefighters (information about the license of the Ministry of Emergency Situations in the TsSEK group of companies) will have to be obtained for a fee.
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