What is involved in gardening. SNT: what is it, decoding and features. Chairman of the SNT: activities and responsibilities. Forms and procedure for support by public authorities and local self-government of horticulture and horticulture

This brochure is compiled from frequently asked questions that we have to deal with at numerous gardening conferences and in the legal service.

I want to warn you right away: gardeners do not agree with all the answers, they argue with many and consider the current situation unfair. The fact is that we consider controversial situations not from the point of view of justice, but from the point of view of legality. The laws, however, today are so imperfect, so inconsistent with each other that gardeners are outside the legal field. The state is trying to shift the solution of almost all the problems of gardeners, whether it is the implementation of a “dacha amnesty” or compliance with fire safety requirements, to the gardeners themselves! Officials almost always answer requests for help: “Collect money and do it” ... And it’s completely cannibalistic practice to impose all sorts of fines on gardening associations for “non-compliance with norms and rules” ...
Alas, while normal legislative work in our area is being replaced everywhere by imitation and talking, and if some legislative acts slip through, they, as a rule, lead to a worsening of the situation and the emergence of new problems. An example of this is another simplification of the "dacha amnesty", adopted before the last elections to the State Duma. The result is massive boundary disputes between neighbors. Boundary conflict in judicial practice is the most difficult (and expensive!) case to be resolved, it can drag on for decades!
Dear gardeners, today we can only rely on ourselves, so we must learn to protect ourselves. Let's jointly resist the illegal demands of officials, raiders, all kinds of politicians who are trying to use us for their own selfish purposes ...
And our main weapon in this will be legal knowledge. When you know even bad laws well, there is a chance to defend your rights and achieve justice!

Your Andrey Tumanov,
Chairman of the Board of the Moscow Union of Gardeners,
editor-in-chief of the newspaper "Your 6 acres".

1. What is SNT?

Answer: SNT is a horticultural non-profit partnership, a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening. Also, an association can be created in the form of a non-profit partnership and a consumer cooperative.

2. If I have a garden plot, should I build something there or can I just plant a garden?

Answer: in accordance with Art. 1 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" No. 66-FZ dated April 15, 1998 (hereinafter referred to as the law on gardeners), a garden land plot is provided to citizens for growing fruit, berry, vegetable, melon or other crops and potatoes , as well as for recreation (with the right to erect a residential building and utility buildings and structures). Thus, to achieve the goal of using a garden plot, it is enough to develop the land - plant a garden, plant a vegetable garden. Buildings are not required. On a summer cottage, the construction of a residential building or a residential building is a top priority.

3. Many years ago I was given a garden plot, now a building has been erected there. Why can't I own this property?

Answer: most garden plots were provided on a leasehold basis or on a fixed-term basis, in order, firstly, to give citizens the opportunity to grow food necessary for survival, and secondly, to withdraw land quickly and without compensation for the cost of property after harvesting. Currently, some of these sites are owned by the Russian Federation and are not subject to privatization. They can be rented. If the garden plot was built up, then the building may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized construction and, by a court decision, can be demolished at the expense of the person who built it.

4. If the partnership is non-profit, does this mean that I do not have to pay contributions?

Answer: non-profit organizations are organizations that do not have profit making as the main goal of their activities, but this does not mean that non-profit organizations do not conduct any economic activity. The activities of the CNT are aimed at meeting the needs of members in energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.

5. Is it possible to plant coniferous and deciduous trees instead of fruit trees?

Answer: in the garden and summer cottage, the possibility of planting non-fruit trees is not provided, and in the garden plot, planting of any trees and shrubs is not provided at all.

6. Should the SNT contain the territory adjacent to the external borders (behind the common fence)?

Answer: The answer to this question is contained in the acts of local governments in whose territory the association is located.

7. What taxes do I have to pay if I own a plot in SNT?

Answer: in accordance with Art. 2 Law of the Russian Federation of 09.12.1991

2003-1 “On Taxes on Property of Individuals”, a residential building, apartment, room, cottage, garage, other building, premises and structure, as well as a share in the common ownership of this property are recognized as taxation objects. Heroes of the Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of groups I and II, disabled since childhood, participants in the Civil and Great Patriotic Wars and some other categories of citizens are exempted from paying property tax.

Tax on buildings, premises and structures is not paid from residential buildings with a living area of ​​up to 50 square meters and utility buildings and structures with a total area of ​​​​up to 50 square meters located on plots in horticultural and summer non-profit associations of citizens. In addition, in accordance with Chap. 31 "Local taxes" of the Tax Code of the Russian Federation, land plots that are on the right of ownership, life-long inheritable possession and permanent unlimited use are recognized as the object of taxation. No one is exempted from paying land tax, however, the regulatory legal acts of the representative bodies of municipalities may establish tax benefits, the grounds and procedure for their application.

Thus, a citizen must pay tax on property belonging to him, and it must also be remembered that membership fees include tax on public property of SNT.

8. Is the garden plot inherited?

Answer: garden land is inherited along with the rest of the property of the deceased. Membership is not inherited, as it is a personal non-property right.

9. Can the garden plot be sold?

Answer: the owner has the right to dispose of his property at his own discretion, including selling, donating, pawning. The contract for the sale of real estate can be drawn up in a simple written form, must contain all the essential conditions (object, price, and so on) and is subject to mandatory state registration with the Federal Service for State Registration, Cadastre and Cartography.

The right of the buyer to the land plot arises from the moment of state registration.

10. What should be the infrastructure of SNT? Is electricity required?

Answer: the question of creating the infrastructure of the association is the exclusive competence of the general meeting of members (meeting of authorized persons) of the SNT. If the majority of members do not want to create any object of infrastructure, then no one can oblige to make contributions for the creation of such objects.

However, this provision does not apply to the necessary engineering infrastructure facilities - a fire pond, for example, or motor pumps - they must always be, regardless of the decision of the general meeting of members.

11. Who sets the annual fee?

Answer: the determination of the amount of contributions belongs to the exclusive competence of the general meeting of members (meeting of authorized persons) of the SNT.

12. Do I have the right to register in my garden house?

Answer: by resolutions of the Constitutional Court of the Russian Federation of June 30, 2011 No. 13-P and of April 14, 2008 No. 7-P, paragraph two of Art. 1 of the Law on Gardeners is recognized as inconsistent with the Constitution of the Russian Federation insofar as it excludes the possibility of registering citizens at the place of residence in residential buildings owned by them, which are suitable for permanent residence and are located on garden plots related to agricultural land and lands of settlements.

Thus, the theoretical possibility of registration in a residential building (this is what a garden house is called from the point of view of the law) exists, but the process of implementing this right is complicated and is not currently streamlined.

“At the same time, the owners of such land plots (garden land plots located on agricultural land) should take into account that registration at the place of residence in residential buildings located on them suitable for permanent residence does not lead to the acquisition of the status of a settlement by the corresponding territory and, therefore, does not impose on public authorities the responsibility for its improvement, creation and maintenance of communal, transport and other infrastructures, with the exception of resolving issues directly related to the implementation of fundamental rights and freedoms of man and citizen. Therefore, choosing as a place of residence a residential building located on a land plot classified as agricultural land, citizens must consciously accept those possible inconveniences that are a consequence of living outside the territory of settlements.

13. The size of the membership fee - who sets it, what are the payment terms?

Answer: the size of the membership fee is established by the decision of the general meeting of members (meeting of authorized persons) of the SNT, the payment deadline may be set by the charter, or maybe by the decision of the general meeting of members (meeting of authorized persons).

soaked) SNT.

14. What documents are the basis for state registration of ownership of a garden plot?

Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, one of the following documents may be the basis for state registration of a citizen’s ownership of a garden or summer cottage land plot:

• an act on granting a given land plot to a citizen, issued by a public authority or a local government body within its competence and in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
• an act (certificate) on the right of a citizen to this land plot, issued by an authorized body of state power in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
• other document establishing or certifying the right of a citizen to this land plot.

15. What are the responsibilities of SNT members?

Answer: the rights and obligations of members of the SNT are defined in Art. 19 of the law on gardeners - in Appendix No. 1, this article is given in full.

16. What is common property?

Answer: in accordance with Art. 1 of the law on gardeners, property for common use includes property (including land plots) intended to provide within the territory of the association the needs of its members in the passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire protection facilities, etc.).

Please note that in a horticultural non-profit partnership, these property items may be jointly owned by members or owned by a legal entity - the SNT itself.

17. If I want to carry out a land survey, where do I start?

Answer: in order to carry out survey work, it is necessary to conclude an agreement on the necessary work with a person duly certified as a cadastral engineer. The coordinates of such persons can be found on the Rosreestr website - www.rosreestr.ru.

18. How are land disputes resolved?

Answer: if the parties cannot agree on the location of the boundary of the land plot, then this case is subject to consideration by the court. It should be noted that in order to resolve a land dispute, it is most often necessary to appoint a land management expertise, the cost of which is high and most often incommensurable with the cost of the disputed piece of land.

Territorial jurisdiction is determined by the location of the land.

19. Can the chairman of the board be elected by the SNT board?

Answer: in accordance with paragraphs. 4 p. 1 art. 21 of the law on gardeners, the exclusive competence of the general meeting of members (meeting of authorized persons) includes the election of the chairman of the board and the early termination of his powers, unless otherwise provided by the charter of such an association. Consequently, the charter of the SNT may provide for the election of the chairman of the board at a board meeting.

20. Does an SNT member have a pre-emptive right to purchase a neighbor's lot?

Answer: a member of the SNT does not have the right of first refusal to purchase an adjacent land plot. Such a right arises only where there is common property.

21. What is a membership fee, who pays it, what other fees are there?

Answer: in accordance with Art. 1 of the Law on Horticulturalists, membership fees are funds periodically contributed by members of a horticultural association to pay employees who have concluded employment contracts with such an association, and other current expenses of the association. That is, membership fees are spent on the maintenance of the legal entity itself. The law also provides for the following types of contributions:

introductory and target - in a non-profit partnership and a non-profit partnership, in a consumer cooperative

we provide for the collection of entrance, membership, share and additional fees, each of which must be spent

be carried out in accordance with the purposes defined by law.

22. How to hold a general meeting of SNT members?

Answer: the general meeting of members is the supreme governing body of the association, it can be ordinary, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor (auditing commission), not less than 1/5 of the total number members, as well as at the request of the local government. The procedure for notifying members of the forthcoming general meeting is determined by the charter of the association, which also specifies the procedure for electing authorized representatives (if the association provides for holding a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding a general meeting of members, the procedure for voting are determined by the regulations for holding general meetings, which is approved at a general meeting of members of the association.

23. At what distance from the border can I build buildings on a garden plot?

The answer to this question is contained in clause 6.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, this document is given in Appendix No. 2.

24. Can I fence myself off from my neighbors with a solid fence?

Answer: continuous fencing of a garden plot of land is allowed with the written consent of a neighbor. See clause 6.2 of SP 53.13330.2011.

25. Is breeding of bees allowed in the garden?

Answer: in accordance with clause 7.9. * of the Code of Rules for the Design and Construction of SP 11-106-97 "The procedure for the development, approval, approval and composition of design and planning documentation for the development of territories of horticultural associations of citizens" an apiary is allowed on the territory of a garden (suburban) plot . The apiary must have a blind fence 2 m high, and be located no closer than 2 m from the boundaries of the site.

26. What to do if the chairman of the SNT refuses to submit reports and decisions of general meetings?

Answer: In accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, the right of a member of an association is to receive information about the activities of the governing bodies of the association and its control body. If the board refuses to submit documents, the refusal can be appealed in court.

27. Why are some other taxes included in the estimate, in addition to wages for an accountant, a watchman and an electrician?

Answer: the horticultural non-profit association of citizens is a legal entity and is obliged to fully comply with the requirements of labor legislation, SNT makes contributions to all funds on an equal basis with other commercial organizations. In 2011, contributions to the funds amount to 34.2% of the payroll fund. The transfer of contributions to the funds is mandatory.

28. Can I install a greenhouse on my property?

Answer: yes, you can, one meter from the border of the land. In addition, if the greenhouse is on the foundation, you can register the ownership of this property. The procedure for registration is exactly the same as for registering any other building on a garden plot.

Answer: the size of the land tax depends on the area of ​​the land plot, its cadastral value and the land tax rate. The area of ​​the site, as well as its cadastral value, can be found from the cadastral extract or found on the Rosreestr website. It can also be calculated by multiplying the specific indicator of the cadastral value (measured in rubles per square meter) by the area of ​​the land plot (it can be found in the certificate). The land tax rate is determined by the representative body of the municipality in whose territory the gardener's land is located.

30. Why should SNT pay for the negative impact on the environment if it is not a production, does not have emissions and discharges?

Answer: garbage placed at the landfill is the property of the association. Under the garbage disposal agreement, only the transfer of SNT property (garbage) from the association to the solid waste landfill is carried out, in accordance with Art. 210

of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property.

31. How should the removal of household waste from SNT be organized?

Answer: garbage disposal from the SNT should be organized in accordance with the requirements of the acts of local governments on whose territory the associations are located.

32. Can I burn garbage on my site?

Answer: burning of garbage on the garden or suburban land is not allowed.

33. What are the fire safety requirements for SNT?

Answer: fire safety requirements are formulated in the Federal Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements":

P. 18 Art. 67 states that on the territory of a horticultural, horticultural and dacha non-profit association of citizens, fire fighting equipment must be provided with access to all garden plots united in groups and public facilities. The width of the carriageway of the streets must be at least 7 meters, driveways - at least 3.5 meters.

In paragraph 18. Art. 68 states that in order to ensure fire extinguishing on the territory of the common use of the association, fire-fighting reservoirs or tanks with a capacity of at least 25 cubic meters with a number of sections up to 300 and at least 60 cubic meters with a number of sections of more than 300 (each with sites for the installation of fire equipment, with the possibility of water intake by pumps and the organization of an entrance for at least 2 fire trucks).

Also, the requirements are contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, the norms of which are binding.

34. Am I required to join the SNT?

Answer: in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any association. Thus, joining an association is a voluntary expression of the will of a citizen.

35. Should the chairman provide the tax authorities with information about the members of the association, including copies of passports and land certificates?

Answer: The state body of cadastral registration, the body that conducts state registration of rights to real estate and transactions with it (Land Cadastral Chamber and Rosreestr, respectively), in the order of information interaction, exchange information about the right holders of real estate for tax purposes.

The chairman of the board of the SNT should not provide information about the members of the organization to the tax authorities. In addition, in accordance with paragraph 4 of Art. 6 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, a person processing personal data on behalf of the operator is not required to obtain the consent of the subject of personal data to the processing of his personal data. Thus, if there is a need to submit the personal data of members somewhere, you must first obtain the written consent of the members of the association.

36. If a member of the SNT does not pay dues, can he be deprived of the right to use electricity?

Answer: No. It is necessary to work with non-payers, including collecting debts on contributions in court.

37. How should biowaste be disposed of? Is a septic tank required on site?

Answer: The answer to this question is contained in paragraphs 8.6–8.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of the territories of horticultural (dacha) associations of citizens, buildings and structures ”(see Appendix No. 2).

38. Is it possible to elect a chairman from outside the CNT members?

Answer: The chairman of the board is elected from among the members of the board. And in accordance with Art. 21 of the law on gardeners, the board is elected from among the members of the association.

39. Does the SNT have the right to engage in entrepreneurial activities?

Answer: Yes, it does, but business profits should not be distributed among the participants

(members) of the association, but should be spent on achieving the statutory goals of the activities of the SNT.

40. Why do gardeners pay for electricity as urban residents if the plots are located in rural areas?

Answer: to the category "Consumers equated to the population" in accordance with paragraph 27 of the Guidelines for the calculation of regulated tariffs and prices for electrical (thermal) energy in the retail (consumer) market, approved by order of the Federal Tariff Service dated 06.08.2004 No. 20- e / 2, include, among other things, horticultural, horticultural or dacha non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening, horticulture and dacha farming. The subject of the Federation did not use the right to grant benefits to horticultural associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the rate set for the rural population.

41. What to look for when buying a plot?

Answer: when buying a land plot, it is necessary to pay attention to the authority of the person selling the land (is the owner or acts by proxy), to the documents on the rights to the land, to whether the land was surveyed or not (if not, there may be unpleasant “surprises”) ; get to know the neighbors and find out from the board of the association whether the owner of the plot has debts for contributions (if he is a member of the association) or for payment under the contract (if he gardens on an individual basis). If something is in doubt (price, documents), it is better to show the documents to a lawyer and, possibly, refuse to purchase.

42. Based on what is the amount of the SNT contribution calculated?

Answer: the amount of the contribution to the SNT is set on the basis of the list of planned works, their cost, and a certain estimate. The amount received is divided by the number of members of the association.

43. Who can call an extraordinary general meeting of members?

Answer: an extraordinary general meeting of members may be convened by the board or in accordance with art. 25 of the law on gardeners, when creating a threat to the interests of the association and its members, or when identifying abuses by members of the board of the association and the chairman of the board, an extraordinary general meeting of members may be convened by the auditor (audit commission) of the association.

44. Should a citizen doing gardening on an individual basis pay targeted contributions?

Answer: Art. 1 of the law on gardeners defines that targeted contributions are funds contributed by members of the SNT or SNP for the acquisition (creation) of public facilities. The law does not provide for the possibility of collecting targeted contributions from citizens who are not members of the association.

45. What should earmarked contributions to SNT be used for?

Answer: targeted contributions to SNT are spent on the creation of public facilities. The property created with targeted contributions from the members of the partnership shall be jointly owned by the members of such an association.

46. ​​Is a citizen who conducts gardening on an individual basis obliged to sign an agreement on the use of infrastructure facilities, the text of which was approved by the general meeting of members of the SNT?

Answer: no, civil law is based on the recognition of the equality of the parties to the contract, therefore signing the contract on the terms established by the general meeting of members is the right of the individual, but not the obligation.

47. To whom can a SNT member entrust the right to participate in the general meeting?

Answer: A member of the SNT can entrust the right to participate in the general meeting of members to anyone, another member of the SNT, his relative or a complete stranger. It is only necessary to certify the member's signature on the power of attorney. The signature is certified by the chairman of the board of SNT.

48. Who are the commissioners, what powers do they have, how are they elected?

Answer: authorized persons are those persons who are elected in accordance with the charter of the association and represent the interests of persons delegating powers to them at general meetings held in the form of a meeting of authorized representatives. Commissioners are members of the SNT, they cannot transfer their powers to other persons.

49. What are the superior bodies of the SNT?

Answer: There are no higher bodies in the SNT.

50. Is it obligatory to register buildings located on a land plot?

Answer: registration of buildings located in garden or summer cottages is carried out in a simplified manner on the basis of a declaration on a real estate object approved by order of the Ministry of Economic Development of Russia dated November 03, 2009 No. 447 and is the gardener's right, but not an obligation.

51. According to the documents, I was given a land plot of 6 acres. How much land can I acquire if I actually use more land?

Answer: subject to the agreement of the boundaries with all adjacent land users, a citizen has the right to register a land plot within the existing boundaries, if the area obtained as a result of surveying does not exceed one minimum size of the land plot provided in this constituent entity of the Russian Federation for the purposes of gardening (for a garden plot), maintaining a summer cottage and etc. In the Moscow region, the area of ​​the minimum plot, which is provided for gardening, is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can draw up a plot of up to 14 acres. However, this provision of the law is more of a declarative nature;

52. Do state authorities and local governments provide any support to gardeners?

Answer: State authorities and local self-government provide support to gardeners and their associations.

More information about support programs for associations can be found in the local government or in the executive authority of the subject of the Russian Federation, which is responsible for interaction with gardeners.

53. Why is a certificate from the chairman of the debts on contributions not required in the transaction of purchase and sale of a land plot?

Answer: because such a document is not submitted for state registration of the transfer of ownership, sometimes buyers (see question No. 41) or notaries ask for such a certificate. If the seller and the buyer conclude an agreement in a simple written form (without notarization) and the buyer does not ask for such a certificate, then taking such a certificate is a matter of the seller’s conscience (as well as voluntary payment of contributions and debts on them), but not his obligation. We add that it is impossible to demand debts on the seller's contributions from the buyer.

54. Why did it become possible to build apartment buildings on garden plots?

Answer: because, in accordance with 1 p. 17 Art. 51 of the Town Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction on a land plot provided for gardening, dacha farming, and the building spot area is not standardized.

55. How to become a member of SNT?

Answer: in order to become a member of the SNT, it is necessary to have a land plot within the boundaries of the land allotment provided for the placement of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of the members present at the general meeting of members (meeting of authorized persons) of the association.

56. How and where can I find out who is the chairman of our SNT?

Answer: it is necessary to order an extract from the Unified State Register of Legal Entities. To do this, you must contact the tax authorities at the place of registration of SNT.

Publicly available information about any legal entity is provided to any applicant for a fee.

57. Why, when registering the right to public lands, was I asked for a receipt for 15,000 rubles? Who installed it?

Answer: in accordance with paragraphs. 22 p. 2 art. 333.33 of the Tax Code of the Russian Federation, the state fee for state registration of rights, restrictions (encumbrances) of rights to real estate for an organization is 15,000 rubles.

58. What documents can I, as a member of the SNT, freely get acquainted with? If the chairman of the board does not allow you to familiarize yourself with the charter - what to do?

Answer: as a member of the SNT in accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, you have the right to get acquainted with the charter, constituent documents, minutes of general meetings of members, minutes of board meetings, get acquainted with estimates, reports of the board and acts of the audit commission. If the board refuses to familiarize with the documents, such a refusal can be appealed in court.

59. Where can I turn if I am not satisfied with the work of the SNT board?

Answer: if a member of the association is not satisfied with the work of the board of the association, it is necessary to assemble an initiative group of at least 1/5 of the total number of members of the SNT and demand the convening of an extraordinary general meeting of members,

60. Do I have to notify the SNT board if I sell a plot or make any other transaction?

Answer: there is no such obligation for a member of the association. Although, in order to avoid claims for unpaid contributions, it is better to notify the board of the planned sale of the site and take a certificate that there are no debts on contributions. However, this is only the right of a member of the association, but not his duty.

61. What measures of influence can be applied to members of the SNT and for what?

Answer: in accordance with paragraph 4 of Art. 18 of the law on gardeners, the charter of the association specifies, among other things, the grounds for and procedure for exclusion from members of the association and the application of other measures of influence for violation of the charter or internal rules of the association. Other measures may include, for example, the collection of penalties for late contributions and payments. The amount of penalties is established by the decision of the general meeting of members (meeting of authorized persons).

Answer: The board is elected by a simple majority vote of the members present at the meeting.

63. Can a member of the SNT count on the protection of his interests by the board?

Answer: there are practically no cases of active upholding of the rights of members of the SNT by the board. However, the CNT may participate in the court session as a third party.

64. Who are the founders, how did they appear, what rights and obligations do they have, can the founders be excluded from the Unified State Register of Legal Entities?

Answer: Founders are those citizens who make a decision to create an SNT (or any other organization), and their names are entered in the Unified State Register of Legal Entities. In accordance with paragraph 4.11 of the canceled order of the Federal Tax Service of the Russian Federation dated November 1, 2004 No. SAE-3-09 / [email protected] on methodological clarifications on filling out the forms of documents used in the state registration of a legal entity and an individual entrepreneur, when submitting an application for state registration of an HOA, ST, data on the members of the board are indicated in the information about the founders.

65. Can foreign citizens become members of the CNT?

Answer: Yes they can. Note that a foreigner can acquire a garden or summer cottage in the property.

66. What rights do I lose when I leave the SNT?

Answer: upon withdrawal from the SNT, you will lose the right to elect and be elected to the governing bodies of the SNT and the right to common property, which is jointly owned by the members of the SNT.

67. Why are associations of horticultural associations created?

Answer: associations (unions) of horticultural associations are created to achieve some common goals of the organizations that are members of them. In addition, associations may be granted the right to inspect the economic and financial activities of member associations. Associations should be distinguished from public organizations, which, although they have the word "union" in their name, but this is not an indication of the organizational and legal form. Public organizations do not have the right to interfere (forcibly) in the activities of the SNT.

68. Within our SNT, a group of members registered their new SNT. Now they require us to provide part of the property. How should we do now?

Answer: citizens have the right to unite, including the right to decide on the creation of "their own" SNT. At the same time, they do not have any rights to the property of an already existing association. If citizens wish to separate from the existing SNT, then a reorganization procedure is required, the decision on which is made by a qualified majority of members at a general meeting of members (meeting of authorized persons) of the SNT.

69. Who sets the amount of the SNT entry fee and when should it be paid?

Answer: the size of the entrance fee is determined by the decision of the general meeting of members (meeting of authorized persons), paid after the decision on admission of a citizen to the membership of the association. It should be remembered that an overestimated amount of the entrance fee will lead to land owners refusing to join the association.

70. Our SNT does not have a current account, we pay all fees in cash. Is an entry in the membership book about the contribution made sufficient?

Answer: no, not enough. The person accepting contributions is obliged to issue a stub to the incoming cash order. In addition, the presence of a current account with a legal entity is mandatory! And members of the SNT have the right to transfer funds to the account of the association.

71. I am the new chairman of the SNT, I was elected 10 days ago. Why did the tax authorities fine me 5 thousand rubles?

Answer: a legal entity within three working days from the date of the decision to change the constituent documents of the association - that is, its charter, in the presence of changes not related to the introduction of amendments to the constituent documents, for example, when changing the chairman of the board, within three days is obliged to notify the registering organ. To do this, you must fill out the necessary forms approved by the Decree of the Government of the Russian Federation of June 19, 2002 No. 439 “On approval of forms and requirements for the execution of documents used in the state registration of legal entities, as well as individuals as individual entrepreneurs”. If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.

72. What is the difference between voluntary withdrawal from SNT members and expulsion?

Answer: the fact that the withdrawal is carried out voluntarily, upon the written will of the member, and the exclusion is carried out by a qualified majority of the votes of the members (authorized persons) present at the general meeting, for those violations of the charter for which exclusion from members is provided as a measure of influence.

73. What will happen to my site if I am expelled from the SNT membership?

Answer: The site will remain in the same right as it was. That is to say, owned. The only case when questions may arise about the fate of the site, if the entire land allotment was provided in the ownership of a legal entity or in the common property of members.

74. Do citizens of preferential categories (disabled people, veterans, large families) have the right to receive land plots?

Answer: citizens of these categories are entitled to preferential provision of garden plots. However, after the introduction of the Land Code of the Russian Federation, such provision is carried out for a fee. Free provision of land ownership after 2001 is virtually non-existent.

75. I believe that the targeted contribution for the creation of an infrastructure facility should be paid only if I use the property that will be created. Am I right?

Answer: no, not right. If the decision to create an infrastructure facility is made by the decision of a competent general meeting, then regardless of whether you were at the meeting, voted for or against the decision, you need to submit a target contribution. If the contribution is not returned, the board can recover the debt in court.

76. What laws regulate the activities of horticultural associations of citizens?

Answer: At present, the activities of horticultural, dacha and gardening non-profit associations of citizens are regulated by the following regulations:

• the Constitution of the Russian Federation;
• the Civil Code of the Russian Federation;
• Land Code of the Russian Federation;
• the Tax Code of the Russian Federation;
• Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”;
• Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs”;
• Federal Law No. 122-FZ of July 21, 1997 “On State Registration of Rights to Real Estate and Transactions Therewith”;
• Federal Law No. 221-FZ of July 24, 2007 “On the State Real Estate Cadastre”;
• Federal Law No. 137-FZ of October 25, 2001 “On Enactment of the Land Code of the Russian Federation”;
• Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ and many
• other normative legal acts.

77. Who can be an auditor in the SNT, are there any requirements for the qualification of an auditor?

Answer: a member of the association who is not related or related to the members of the board (and its chairman) can be elected as the auditor of the SNT. The law on gardeners does not impose any qualification requirements for auditors.

78. I'm selling a site in SNT, does the board have to return all my fees - entrance, membership and special purpose?

Answer: the charter of the SNT should specify the procedure for the return of earmarked contributions. Membership and entry fees are non-refundable.

79. How long will the "dacha amnesty" last?

Answer:"Dacha amnesty", namely the operation of the simplified procedure for registering rights to land plots and buildings in summer cottages and garden plots, has no time limit.

80. Do I have to register the right to a land plot?

Answer: no, registration of the right to real estate is a right, but not an obligation of the gardener.

81. Is there any deadline for re-registration of rights to public lands?

Answer: re-registration by horticultural, horticultural and dacha non-profit associations of citizens of the right to permanent (perpetual) use of land plots is carried out in the manner established by Article 28 of the Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens”, while in accordance with clause 2.1 of Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the Enactment of the Land Code of the Russian Federation” is not limited to a period.

82. What issues can be resolved by a general meeting held in absentia?

Answer: in absentia, decisions cannot be made on the approval of the income and expenditure estimates, on the adoption of a report on the activities of the board and the audit commission, elections of the board cannot be made in absentia.

Answer: each member at the general meeting of members has one vote. If other members of the SNT have delegated their votes to a particular member (by proxy), then that member has a number of votes equal to the number of proxies issued, plus his one vote.

84. How many powers of attorney for participation in the general meeting of members can be issued in one hand?

Answer: the number of powers of attorney issued in one hand is not limited by law.

85. Does a horticultural partnership have the right to charge penalties in case of late payment of membership fees?

Answer: it can, if penalties are mentioned in the charter as measures of influence, and the general meeting of members has established their size.

86. Which organizations should gardeners contact to protect their rights?

Answer: the body exercising supervision over the activities of non-profit organizations is the Prosecutor's Office of the Russian Federation, and the protection of rights is carried out in court. Therefore, gardeners need to go to court.

87. How are the membership fees of SNT members calculated on legal grounds - from a site or from a hundred?

Answer: paragraph 1 of Art. 18 of the law on gardeners indicates that citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership can be members of the SNT. Also, this article makes it possible for minors and minors to become members of the SNT, if they have passed the plots, for example, by inheritance, and also gives the right to become a member of the SNT to a foreign citizen or stateless person. In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any association - that is, membership in the SNT is good

Thus, an individual who is the owner of a land plot located within the boundaries of the association can become a member of a horticultural non-profit partnership. And if one individual is the owner of several plots, even located in different places of the partnership, then he can still become a member only once. It is impossible to be a "twice member", "three times a member".

In accordance with Art. 20 of the law on gardeners, the general meeting of members of the SNT is the supreme governing body of such an association.

The legislator does not directly indicate that the weight of a vote (the number of votes) somehow depends on the amount of property belonging to this member. We can see an example of a direct indication of this in paragraph 4 of Art. 49 of the Federal Law of December 26, 1995 No. 208-FZ "On Joint Stock Companies":

“decisions on issues are made by the general meeting of shareholders by a three-quarters majority vote of shareholders - owners of voting shares participating in the general meeting of shareholders” and clause 4 of Art. 146 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ: “Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership present at the general meeting or their representatives.”

Thus, regardless of the number of land plots, a citizen can be a member of the SNT only once and has one vote at the general meeting of members.

In accordance with Art. 1 of the law on gardeners, membership fees - funds periodically contributed by members of the SNT to pay employees who have concluded employment contracts with such an association, and other current expenses of such an association.

In essence, membership fees go to the maintenance of the legal entity and its governing bodies. Please note: not the maintenance of property, but the legal entity itself - stationery and postage, duties, legal costs, wages, taxes and fees.

If the rights and obligations of members are equal, then the participation of each member in the maintenance of the legal entity must be equal.

Separately, we note that in accordance with the charter of the SNT, a special fund can be formed in it, which consists of state support funds, income from business activities of the SNT, membership and entrance fees. With the funds of the special fund, property is created that belongs to a legal entity - the SNT itself.

After the liquidation of the SNT, the funds remaining after settlements with creditors are distributed equally among the former members of the SNT. Thus, membership fees are equal for members regardless of the size/number of garden plots occupied.

The situation is different for earmarked contributions. According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property, therefore, the owner of three sections (as a co-owner of three shares in common property, if the shares are properly registered) will pay a triple contribution for the repair of the road inside the SNT.

However, according to Art. 245 of the Civil Code of the Russian Federation "If the shares of participants in shared ownership cannot be determined on the basis of the law and are not established by agreement of all its participants, the shares are considered equal."

Based on the foregoing, we can conclude that in the event of the liquidation of the SNT, the property (in monetary terms, after its sale) will be divided among the members in equal shares.

Consequently, in the absence of an agreement between members on the size of the shares, earmarked contributions must also be equal for all members of the SNT.

88. In our SNT there are plots whose owners do not cultivate them, we have to mow them ourselves. Can we sell them?

Answer: You can only dispose of the property that belongs to you. It is obvious that the abandoned plot has an owner. The disposal of such a site (even if they were given shareware use) is a fraud. If there are abandoned lands in the SNT, we recommend that you contact the Rosreestr, the inspectors of the state land control.

89. What to do with the land, the owner of which has died, but the heirs have not appeared?

Answer: nothing can be done about this area. In accordance with the procedure established by law, such property is recognized as escheat and becomes the property of the municipality.

90. I bought a plot from an SNT member who didn't pay dues. Should I pay off his debts?

Answer: no, they shouldn't. The board must collect debts on contributions from the seller.

91. The chairman refuses to sign the act of agreeing on the boundaries of the land plot and to issue me a certificate stating that the land was legally provided to me. Motivates by the fact that I have not paid dues. Is he right?

Answer: no, the chairman of the board in this case is not right.

92. How is the redemption price of property seized for state needs determined?

Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes the market value of the land plot and real estate located on it, as well as all losses caused to the owner by the withdrawal of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit. In the absence of an agreement on the redemption price, the issue can be resolved in court.

93. Why in SNT, not every gardener, but the association as a whole, is a subscriber under an energy supply agreement?

Answer: for the reason that the energy supply agreement is concluded not with each specific gardener, but with the legal entity as a whole.

94. Why do gardeners have to pay for losses in electrical networks?

Answer: the content of this question is the subject of discussion. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case, electrical networks. If an energy supply agreement is concluded with each specific gardener, then payment for losses in the networks is not made.

95. Is SNiP 30-02-97 * a regulatory document, the requirements of which are mandatory for all gardeners?

Answer: This document was valid until May 19, 2011. Since May 20, 2011, the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, which is included in the List of National Standards and Codes of Rules, approved by Decree of the Government of the Russian Federation of June 21, 2010 No. 1047-r, which, according to Part 4 of Art. 6 of the Federal Law of December 30, 2009

No. 384-FZ "Technical regulations on the safety of buildings and structures" are mandatory for application.

96. I have a privatized plot in SNT. I pay taxes to the state, why should I pay any more money for my privatized land?

Answer: The obligation to pay land tax lies with each owner of the land. Registration of the right of ownership to a land plot does not entail the termination of the obligation to participate in the maintenance of common property and the legal entity itself. Thus, membership and earmarked contributions in the partnership still need to be paid by the member.

97. A member of the CNT who did not pay dues has died. How to make the heirs pay contributions - the father's debts and the money that they themselves owe as new owners.

Answer: it is possible to force the heirs to pay the debts of the testator in a judicial proceeding. Please note that you can recover only those funds that the deceased did not pay. Those "debts for the plot" that arose after the death of the testator cannot be recovered. The owner of the land plot pays membership fees if he is a member, or pays under an agreement if he is not a member and such an agreement is concluded. If the contract is not concluded and the citizen is not a member, he has no obligation to deposit any funds to the cash desk of the association.

98. How and where can I find out who is the owner of the land?

Answer: contact the territorial department of Rosreestr (at the location of the property). If the right to a land plot is registered, you will be given a certificate of the right holder.

99. We don't want to live in SNT. What will happen to our land after the liquidation of SNT?

Answer: plots belonging to citizens will remain with them in the same right as before. The common property is likely to be sold. And then the owner will be able to independently set the amount of payment for the use of his property.

100. When will the current law on gardeners be changed?

Answer: Unfortunately, no one knows the answer to this question. From the point of view of common sense, this law should be repealed and regulate relations between property owners in accordance with the provisions of the civil legislation of the Russian Federation and the Constitution.

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" (hereinafter referred to as the new law), adopted at the end of July 2017 (No. 217-FZ), even by its name testifies to changes brought about by its appearance. 39 previously adopted legislative acts were subjected to changes and additions at once. Apparently, for this reason, the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transitional period of 5 years from the date of entry into force to complete certain reorganization procedures.

The main goal of the new law, which replaced the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" (in this regard, no. somewhere successfully, somewhere not very effectively, 60 million gardeners, summer residents and gardeners work for their own benefit, and this, no less, is almost half of the Russian population.

The most painful problems that cause great criticism, as legislators found out during the preparation of the law, which began in 2014, were the following:

• the plurality of organizational forms of dacha and horticultural associations (DNP, SNT, various horticultural and dacha cooperatives and other options, all jointly representing 9 independent legal forms of non-profit associations of citizens created for country farming)
• malicious extortions in the form of membership and other types of contributions, not uncommon for many horticultural and dacha associations
• former administrative persecution for the construction of residential buildings on garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on plots that are absolutely suitable for living
• the high cost of drilling and building water wells in horticulture or in individual areas, the cost of which translates into impressive amounts (from 1 million rubles to 2.5 million rubles) and without which, in the absence of a centralized water supply system, staying at dachas becomes simply unthinkable
• the lack of real support from the municipalities for existing and emerging new dacha and garden partnerships to provide them with engineering communications.

How does not the dacha, but the “garden and garden constitution” solve problems?

In order to understand what changes the new law brought and how it affected the life of summer residents, we will review its main provisions, commenting on some features.

New organizational forms of non-profit associations of citizens for country farming

The new law excludes such a legal organizational form of citizens' associations as a "dacha non-profit partnership", in connection with which the Land, Town Planning, Water, Civil Codes, Housing RF, federal laws "On subsoil", "On non-profit associations", "On general principles of the organization of local self-government in the Russian Federation”, “On State Registration of Real Estate”, “On Mortgage (Pledge of Real Estate)”, “On Specially Protected Natural Territories”, “On Agricultural Cooperation” and a number of other laws have already been and will be introduced further relevant changes.

The use of the concept of dacha partnerships should completely disappear in 1.5 years, but it is unlikely that the words “dacha” and “dacha residents” habitual to hearing will disappear from the everyday vocabulary during this time. Well, they are very family. Historically introduced into life since the time of Peter I, who granted his entourage for their great services to the Fatherland land for estates in the magnificent environs of St. Petersburg, they came into use through the word "dacha", meaning the action of the king (as a derivative of the verb "give").

The new law eliminated the artificially formed and still existing distinction between dacha and horticultural partnerships created in accordance with the already mentioned Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens” and established only 2 types of legal status for suburban associations of citizens:

1. horticultural non-profit partnerships (SNT)
2. horticultural non-profit partnerships (ONT)

The rights of individuals who do not wish to enter into a partnership are set out below. In the meantime, let's look at what's new in SNT and ONT.

A horticultural non-profit partnership and a horticultural non-profit partnership are types of partnerships of real estate owners.

New garden and garden plots, as before, are formed from the lands of settlements or from agricultural lands. Each garden or horticultural land plot may be included within the boundaries of only one horticultural or horticultural area.

Gardening or horticulture on garden or garden plots located within the boundaries of the territory of the partnership can be carried out by the right holders of the plots in the following organizational and legal forms:

1. with partnerships,
2. without partnerships.

In accordance with the new law, it is established that an association can be formed with a minimum number of members of 7 people (part 2 of article 16 of the new law). If the requirement for the number of members of the partnership is not met, then such a non-profit association may be liquidated by a court decision:

1. at the suit of the state authority of the constituent entity of the Russian Federation,
2. at the claim of the local government at the location of the territory of horticulture or horticulture,
3. at the claim of the owner or right holder of a garden or garden plot located within the boundaries of the territory of horticulture or horticulture.

Upon liquidation of the partnership, the property of the general use of the partnership (with the exception of real estate of common use, owned by the partnership and remaining after the satisfaction of creditors' claims), is transferred to the owners of plots located within the territory of the SNT or ONT:

• in proportion to their area,
• regardless of whether these persons were members of an association (paragraph 1 of article 28 of the new law).

The law also defines provisions regarding:

1. grounds and procedure for admission to membership in the partnership,
2. rights and obligations of members of the association,
3. grounds for termination of membership;
4. the rights and obligations of the governing body of the partnership,

to which several chapters and articles of the law are devoted, including Article 8, which reveals the main provisions of the Charter of the partnership.

The supreme body of the partnership is the general meeting of its members. It is valid if more than 50% of the members of the partnership are present at the meeting. Decisions of the general meeting of members of the partnership are made by a qualified majority of at least 2/3 of the total number of members of the partnership present at the general meeting.

The management body of each of the new types of partnerships is, in general, the same body, but with partially changed powers:

1. chairman, representing the sole executive body,
2. the board, which is a permanent collegial executive body with a maximum number of at least 3 people, but not more than 5% of the number of members of the partnership, which not only creates a certain convenience in the "management" of the board itself by the members of the partnership, but also reduces the size of membership contributions to the maintenance of the board with a reduced number,
3. audit commission (auditor), accountable to the general meeting of members of the partnership.

The board of the partnership is accountable to the general meeting of SNT or ONT. The management body will be elected for 5 years already, and not for 2 years, as it is now and until 01/01/2019. Despite the noticeably longer term of its powers, by decision of the general meeting of the members of the partnership, it will be possible to remove the chairman or negligent members of the board for the careless work and be re-elected at any time.

A meeting of the board of an association is competent if at least half of its members are present. Decisions of the board of the association are made by open voting by a simple majority of votes of the members of the board present. In case of equality of votes, the vote of the chairman of the partnership is decisive.

Possibility of changing SNT to HOA

By decision of the general meeting of members of the SNT, the owners of garden plots have the right to change the existing type of association to a homeowners association (HOA). The organizational and legal form of a partnership of property owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation, which regulates the creation of an HOA with the simultaneous satisfaction of the following conditions:

1. the gardening area is located within the boundaries of the settlement,
2. residential buildings are located on all garden plots located within the boundaries of the gardening area.

Changing the type of horticultural non-profit partnership (SNT) to a homeowners association (HOA) is not considered a reorganization (paragraph 2 of article 27 of the new law).

The possibility of changing SNT or ONT to another type of activity of the partnership

A horticultural or horticultural non-profit partnership may change the type of activity, again by decision of the general meeting:

1. for the production, processing and marketing of crop products,
2. other activities not related to horticulture and horticulture and allowing the creation of a consumer cooperative.

The creation of a production cooperative is a reorganization of the former organizational and legal form of SNT or ONT (paragraph 1 of Article 27 of the new law), which means that it requires changes to the USRN.

Is it necessary or not to change documents for legalized buildings during the transition period and after?

For the transitional period, which will last for 5 years, that is, until January 1, 2024, the new law defines the following provisions:

• DNP, dacha cooperatives, dacha farms, horticultural partnerships and other non-profit organizations of citizens created before January 1, 2019, do not need to be reorganized.
• From January 1, 2019, the requirements of the new law will apply to all previously created horticultural or dacha non-profit partnerships, as well as horticultural non-profit partnerships, even before their charters are brought into line with the new law:
  1. or in accordance with the provisions on horticultural non-profit partnerships,
  2. or in accordance with the provisions on horticultural non-profit partnerships.
• Bringing the constituent documents of horticultural or dacha non-profit partnerships and horticultural non-profit partnerships created before the introduction of the new law is carried out after the entry into force of the new law through the introduction of changes:
  1. in constituent documents (title establishing, charter and other documents) and registration of these changes in the USRN,
  2. changing the names of non-profit associations is not required, but can be carried out at the request of interested parties,
  3. changing the names does not require changes in title and other documents containing their former names.
• Buildings on garden plots registered in the USRN before January 1, 2019 with the designation "residential", "residential building" are recognized as residential buildings:
  1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019 buildings or amendments to documents for them, changes in the USRN records, as well as replacement of the names of real estate objects are not required,
  2. replacement of documents and names of buildings can be performed at the request of the right holders of real estate objects.
• Non-residential buildings located on garden plots, buildings for seasonal use, intended for recreation and temporary stay of people and not being outbuildings and garages, registered in the USRN before 1.01. 2019, are recognized as garden houses:
  1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019, these buildings or amendments to the documents for them, changes in the USRN records, as well as replacement of the names of objects are not required,
  2. replacement of documents and names of the listed buildings can be performed at the request of their right holders.

Register of partnership members

The distribution of plots among the members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership.

Garden and garden plots of land, which are in state or municipal ownership, are provided to citizens free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.

The register of members of the partnership must be formed within 1 month from the date of state registration of the SNT or ONT in the USRN (Article 15 of the new law). The register is created by the chairman of the partnership or an authorized member of the board.

The register of partnership members contains the following information:

1. about the members of the association,
2. cadastral (conditional) number of each land plot, the owner of which is a member of the SNT or ONT (after the allocation of land plots between the members of the partnership).

Members of the partnership are obliged to provide reliable information necessary for maintaining the register, and promptly inform the chairman of the partnership or an authorized member of the board of changes in information.

Failure to comply with the requirement to provide information, a member of the SNT or ONT bears the risk of imposing on him the costs of the partnership associated with the lack of up-to-date information in the register.

The principle of territorial subordination of partnerships

The law introduced the principle of territorial subordination, which prohibits the operation of several partnerships with a common infrastructure and one common area on the same territory. In other words, a garden partnership cannot appear inside a garden partnership.

The purpose of introducing this principle is quite obvious:

1. exclusion of situations of “pulling” advantages in using, for example, a transformer box owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
2. establishing legal relationships between partnerships for the use of engineering infrastructure and common areas,
3. management of common property within the boundaries of the territory of gardening or horticulture can be carried out by only one partnership.

Since the introduction of the new law into force, the owners of garden or garden plots located within the boundaries of the territory of the SNT or ONT have the right to create only one horticultural or horticultural non-profit association. Its boundaries should be determined in accordance with the territory planning documentation:

• prior to its approval by the municipal authorities, the documentation on the planning of the territory must be approved by the decision of the general meeting of the members of the partnership,
• preparation and approval of a territory planning project for a gardening partnership is not required, and the establishment of the boundaries of garden land plots and the formation of garden land plots and general-purpose land plots within the boundaries of the ONT territory are carried out in accordance with the approved land surveying project.

The boundaries of the territory of horticulture or horticulture, when preparing documentation for the planning of the territory for the partnership, include land plots that simultaneously meet the following requirements:

1. the plots are owned by the founders of the partnership,
2. plots constitute a single, inseparable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality.

When forming new horticulture and horticulture and preparing documentation for the planning of their territory, the boundaries of their territories also include:

1. plots that are in state or municipal ownership and not provided to citizens and legal entities (their total area must be at least 20% and not more than 25% of the total area of ​​garden or garden land falling within the boundaries of the horticulture or horticulture area),
2. plots and territories of common use, determined in accordance with land legislation and legislation on urban planning (the formation of general-purpose land plots is carried out in accordance with the approved land surveying project).

It is prohibited to establish the boundaries of horticulture or horticulture territories that restrict or terminate free access from other land plots to common areas, or to public land plots located outside the boundaries of the territories of partnerships being formed.

Common property in SNT and ONT

One of the tasks of SNT and ONT is the management of common property located within the boundaries of the territory of gardening or horticulture and owned by members of the partnership.

Common property located within the boundaries of the territories of horticultural or horticultural associations includes real estate that simultaneously meets the following 2 conditions:

1. the property was created or acquired after the entry into force of the new law,
2. this property belongs to the owners of land plots on the basis of the right of common shared ownership in proportion to the areas of their plots.

Such property, represented by capital construction projects and general-purpose land plots, is used exclusively for the needs of gardeners and gardeners.

The list of needs includes:

1. passages and driveways to the territory
2. supply of heat and electricity, water, gas
3. drainage
4. security
5. collection of municipal solid waste and other needs
6. movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership

General purpose land plots related to common use property are formed during the development of documentation for the planning of the territory of gardening or horticulture.

Owners of land plots located within the boundaries of the territory of horticulture or horticulture use general-purpose land plots for passage and travel to their land plots on the following conditions:

1. free,
2. without charge.

No one has the right to restrict the access of right holders of plots to their land plots.

The main goals of creating public property by the new law include:

1. use by all right holders of land plots located within the boundaries of the SNT or ONT territory for their own needs,
2. placement on common areas of other common property (for example, sports or children's playgrounds, their equipment, etc.).

Common property of an SNT or ONT may also belong to the partnership on the basis of ownership or other right permitted by civil law.

After registration of the partnership in the USRN, the owners of the plots included in it can decide at a general meeting with the presence of 100% of the members of the SNT or ONT on the desire to acquire shares in the common property in the property, moreover, free of charge and without allocating a share in kind.

After registration in the Unified State Register of Real Estate Rights of ownership of a share of common property on the territory of the partnership, each of the owners of such a share inevitably increases its tax base.

By decision of the general meeting of members of the SNT or ONT, public property can be transferred free of charge to the municipality or to the state property of the constituent entity of the Russian Federation in whose territories the partnership operates, subject to the following conditions:

1. the general meeting of the members of the partnership decided to transfer the property,
2. property, by law, may be in state or municipal ownership,
3. there is the consent of all owners of garden and garden plots, who have also issued the right of common shared ownership of common property to transfer it to the municipality or state property.

Execution may not be levied on immovable property of common use owned by the partnership. In the event of liquidation of the partnership, such property is transferred free of charge to the common shared ownership of the owners of garden or garden plots of land located in SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (paragraph 2 of article 28 of the new law).

Transactions with shares in the right of common ownership of common property

In transactions with garden and garden plots, accompanied by the transfer of ownership of these real estate objects, the share in the common ownership of the common property from the previous owner passes to the new owner.

The owner of a share in the right of common ownership of common property does not have the right to:

1. alienate a share separately from the ownership of your garden or garden plot,
2. perform actions that entail the transfer of a share separately from the ownership of one's garden or garden plot.

The terms of the agreement under which the subject of the transaction appears:

1. transfer of ownership of a garden or garden plot of land without transfer of a share in the common ownership of common property,
2. transfer of ownership of a share in the right of common ownership of common property without transfer of the right to a garden or garden plot of land,

are void (if the owner of the garden or garden plot owns such a share).

Contributions to SNT and ONT

The new law establishes only 2 types of contributions that must be made by members of the SNT or ONT in a bank to the settlement account of the partnership (Article 14 of the new law):

1. membership
2. targeted

You won't have to pay an entry fee.

The lists of tasks for which contributions can be spent are limited. So, membership fees can be spent exclusively on the economic needs of the partnership related to the following tasks:

1. with the maintenance of the common use property of the partnership, including the payment of lease payments for this property,
2. with settlements with supply organizations - suppliers of heat and electricity, water, gas, sanitation on the basis of contracts concluded with these organizations,
3. with settlements with the operator for the treatment of municipal solid waste on the basis of agreements concluded by the partnership with these organizations,
4. with landscaping for general purposes,
5. with the protection of the territory of horticulture or horticulture and the provision of fire safety within the boundaries of such territory,
6. with the audit of the partnership,
7. with the payment of wages to members of the management board with whom the partnership has concluded employment contracts,
8. with the organization and holding of general meetings of the members of the partnership, with the implementation of the decisions of these meetings,
9. with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.

With regard to earmarked contributions, the possibilities for spending them are more diverse. They are associated with the following tasks:

1. with the preparation of documents necessary for the formation of a land plot that is in state or municipal ownership, in order to further provide such a land plot to the partnership,
2. with the preparation of documentation for the planning of the territory of horticulture or horticulture,
3. carrying out cadastral work to enter into the Unified State Register of Real estate information about garden or garden land plots, general-purpose land plots, other real estate objects related to public property,
4. with the creation or acquisition of common property necessary for the activities of the partnership,
5. with the implementation of measures outlined by the decision of the general meeting of members of the partnership.

The total annual fee will be equal to the sum of the annual targeted and membership fees of a member of the partnership.

The obligation to make contributions applies to all members of the association. In case of evasion of payment of contributions, they are collected by the partnership from a member of the SNT or ONT in a judicial proceeding.

Those individual gardeners and gardeners who did not wish to become members of the SNT or ONT are now required to pay contributions on an equal basis with members of partnerships (Article 5 of the new law). Non-payment is fraught with the same consequences as for members of the SNT or ONT. This is one of the differences between the new law and the previous law on summer residents, which allowed individuals to pay for the use of various resources (electricity, water, gas, if it is connected, as well as for garbage collection and security) in an amount less than that of members. partnerships, and not pay contributions to the salary of the chairman and members of the board of the SNT or ONT. Under the new law, individuals also have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on issues of establishing the frequency and size of contributions. No, still, only the right to participate in the election of the chairman and members of the board.

The charter of the SNT or ONT may provide for cases of changing the amount of contributions for individual members of the partnership, taking into account:

1. different volume of use of common property depending on the size of the garden or garden plot,
2. the total area of ​​real estate objects located on such a land plot,
3. the size of the share in the right of common shared ownership of the land plot or real estate objects located on it.

In the general case, the amount of contributions is determined on the basis of the income and expenditure estimate of the partnership and the financial and economic justification approved by the general meeting of members of the partnership. Also, the charter may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as non-payment of contributions, entails their recovery in court.

What is allowed to build on garden and garden plots?

New construction of capital residential buildings for permanent residence, according to the introduced law, is allowed only on garden plots and only if such land plots are included in the territorial zones provided for by the land use and development rules (LZZ), for which:

1. urban planning regulations approved,
2. in accordance with urban regulations, limiting parameters of permitted construction have been established.

Although the construction of residential buildings on the garden plots of residential buildings was allowed even before the entry into force of the new law, registration in them turned into “Sisyphean labor” with a positive result only by a court decision that recognized the residential building as capital and suitable for permanent residence.

The new law not only completely legalized such construction, but also the registration of its inhabitants in a residential building, even if it was built or will be built in the future on a plot of 6 acres.

In addition, the new law has simplified the procedure for transferring an existing garden (that is, non-capital construction) house to a permanent residential building and vice versa.

Garden plots should be used only for growing fruits and vegetables, but, nevertheless, outbuildings can be erected on them.

Those developers of garden plots who managed to build on them, as Federal Law 66 (Article 33) allowed, “non-capital residential buildings” and even register their ownership in the USRN, were just lucky, because according to the new law they will not be considered unauthorized construction. Such cases affected, in particular, sites and buildings on lands allocated at one time by the Ministry of Defense.

To avoid ambiguous interpretations about plots and buildings on them, about common property and contributions that will be used from January 1, 2019, all concepts are specially deciphered in the law (Article 3 and Article 23 of the new law):

• garden plot- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs, crops with the right to place garden houses, residential buildings, outbuildings and garages
• garden house- a building for seasonal use, designed to meet citizens' domestic and other needs related to their temporary stay in such a building (garden houses can be built without any permits and approvals)
• residential building (object of individual housing construction) - in the case when land plots are included in the territorial zones provided for by the land use and development rules, in relation to which urban planning regulations have been approved, providing for the possibility of such construction (Article 23 of the new law with accompanying explanations), while:
  1. a residential building is understood to be a stand-alone building with no more than 3 above-ground floors, no more than 20 m high, which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building, and not intended for division into independent real estate objects,

  from 08/03/2018, it is not required to obtain a permit for the construction or reconstruction of an individual residential building, but in order to carry out construction, it is necessary to notify the local administration of the planned construction of a residential or garden house by registered mail, through the public services portal or through the MFC, indicating with your notification those information that is listed in paragraph 1 of Article 51.1 of the Town Planning RF - the notification procedure for the construction of residential buildings is established by the Federal Law "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" No. 340-FZ of 08/03/2018 - in other words, if earlier for residential or country houses erected on country or garden plots, no permits were required to register ownership, then with the innovation for such objects it is also necessary to send notifications of the start and completion of construction, that is, such houses must meet the requirements, as well as objects IZHS (until March 1, 2019 for such houses allows all registration of property without sending notices of the beginning and end of construction)

  2. no later than 1 month from the date of completion of construction or reconstruction of an individual housing construction or garden house, the developer must submit to the local government a notification of the completion of construction or reconstruction (article 16 of the Federal Law No. 340-FZ, as well as parts 16-21 of article 55 of the Town Planning code of the Russian Federation),
• outbuildings- sheds, baths, greenhouses, sheds, cellars, wells and other structures and structures (including temporary ones) designed to meet citizens' domestic and other needs
• garden plot of land- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate objects intended for storage of inventory and harvest of agricultural crops,
• common property- located within the boundaries of the territory of gardening or horticulture for their own needs by citizens:
  1. capital construction projects,
  2. general purpose land,
  3. movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership;

public property (passage, passage, supply of heat and electricity, water, gas, sewerage, security, collection of municipal solid waste and other needs) is used exclusively to meet the needs of citizens engaged in horticulture and horticulture;

• general purpose land plots- land plots that are public property:
  1. such sites are provided for by the approved documentation for the planning of the territory,
  2. such plots are intended for general use by the right holders of land plots located within the boundaries of the territory of gardening or horticulture by citizens for their own needs,
  3. such plots may be intended for the placement of other common property;
• contributions- funds contributed by citizens who have the right to participate in the partnership (members of the partnership) to the settlement account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
• the territory of gardening or horticulture by citizens for their own needs(hereinafter - the territory of gardening or horticulture) - the territory, the boundaries of which are determined by the approved documentation for the planning of the territory.

On the construction of water wells on garden and garden plots

With regard to the construction of water wells in garden and garden plots, in accordance with the new law (Article 31), amendments were made to the Federal Law "On Subsoil".

The Law "On Subsoil" is supplemented by Article 192, according to which:

• Horticultural and horticultural non-profit partnerships and right holders of garden or vegetable garden plots located within the boundaries of their SNT or ONT territories are granted the right to use a subsoil plot of local importance for the extraction of groundwater used:
  1. for the purposes of household water supply,
  2. for personal, domestic and other tasks not related to the implementation of entrepreneurial activities,
• groundwater extraction can be carried out in a simplified manner:
  1. without conducting a geological study of the subsoil,
  2. without conducting a state examination of mineral reserves,
  3. without geological, economic and environmental information about the subsoil plots provided for use,
  4. without coordination and approval of technical projects and other project documentation for the performance of work related to the use of subsoil,
  5. without providing evidence that the partnerships have or will have qualified specialists, the necessary financial and technical means for the efficient and safe performance of work.

The main requirement for the construction of wells is the need to comply with the rules for the protection of groundwater bodies, as well as the basic requirements for the rational use and protection of subsoil.

Thus, non-profit organizations established to conduct gardening, horticulture or dacha farms before the entry into force of the new law have the right to extract groundwater for domestic water supply of these non-profit organizations until January 1, 2020 without obtaining a license for the use of subsoil. The requirement for mandatory well licensing will come into force on January 1, 2020.

Forms and procedure for support by public authorities and local self-government of horticulture and horticulture

The new law (Article 26) introduces the obligation of municipalities to develop their municipal and investment programs to support horticulture and horticulture, providing, in addition to educational work to popularize horticulture and horticulture or the introduction of special units involved in the implementation of regional and municipal policies to support horticulture and horticulture, the decision important tasks such as:

1. organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply,
2. financing of complex cadastral works in relation to cadastral quarters within the boundaries of which gardening or horticulture areas are located,
3. gratuitous acquisition in the state ownership of a constituent entity of the Russian Federation or in municipal ownership of common property (roads, electric grid facilities, water supply, communications and other facilities) located within the boundaries of the territory of horticulture or horticulture - in accordance with the statements of the partnership or participants in common shared ownership of property common use of the property,
4. granting, as a matter of priority, state and municipal support to citizens who have the right to an extraordinary, priority or other preferential purchase of garden and orchard plots,

State authorities of the constituent entities of the Russian Federation and local governments have the right to support the development of horticulture and horticulture in other forms established at the local level in accordance with the legislation of the Russian Federation.

For these tasks, the authorities have the right to use federal budget funds.

Registration in garden houses

Until January 1, 2019, it was possible to register in a dacha only by a court decision, which was supposed to recognize the house as capital, suitable for permanent residence.

After January 1, 2019, registration of citizens will be possible provided that the building is located on a garden plot and is registered in the USRN as a residential building.

It is not possible to register for permanent residence in the garden house.

Recognition of a garden house as capital and suitable for permanent residence may equate it, by appointment, with an individual residential house, which, in turn, may mean its status as a second residential property.

In connection with this circumstance, in addition to the appearance of a full-fledged tax on such a property, those people who built it can be evicted from the apartments where they permanently reside under social tenancy agreements and excluded from the queue for housing.

But the initial situation seems to be more “interesting” - the procedure for transferring a garden house to a housing stock is currently not fully defined. When the government will clarify it is also not clear.

Collisions between the new law and other laws

• First collision

The new law defines 2 new types of partnerships (SNT and ONT), and in accordance with the Civil Code of the Russian Federation (Article 123.12), the creation of such a partnership as TSN is allowed only for those citizens who also own a plot of land that owns a share in public property, which includes roads, electricity, water supply, etc.

Common property, as defined by the new law, may or may not belong to a partnership. or, by decision of the general meeting of gardeners or gardeners, it can be transferred free of charge to local municipalities and state authorities. In other words, with such a transfer of common property, its owners deprive themselves of the right to solve the problems of managing property and developing common areas at their own discretion.

• Second collision

In accordance with the law "On Registration of Real Estate" (No. 218 FZ), the only confirmation of ownership of a property is an entry in the Unified State Register of Real Estate. To date, at least 50% of gardeners and gardeners in Russia have not yet taken care of this record and have limited themselves to only possessing such documents as:

1. membership books confirming only participation in the general land allocation for gardening (horticulture) or the purchase of plots made much earlier on such rights,
2. old certificates, resolutions of heads of administrations on the provision of land plots for ownership, any state acts on the provision of land plots.

The percentage of such owners in the total mass of summer residents and gardeners is very high. For example, in St. Petersburg in 2017, there are 300 horticulture and horticulture, but only about 100 of them registered their land in ownership. In the Leningrad Region, where there are over 3,000 such partnerships, the percentage of non-privatized land is much higher.

Even if the plots were previously put on cadastral registration and they were assigned cadastral numbers as previously registered in the State Property Committee before 2008, then, without being included in the USRN, as required by Federal Law No. 218 (paragraph 3 of article 70), which entered into force on January 1 2017, such plots should be removed from the cadastral register, recognized as ownerless and transferred to the ownership of municipalities. The users and owners of such plots, therefore, will regularly join the ranks of those poor fellows who still admire their gardening membership books.

As a result, it turns out that “extra” summer residents, gardeners and gardeners fall out of the field of view of the new law, and that a very small number of people have the right to create SNT and ONT, and only those who not only made an entry about the ownership of the plot in the register (EGRN ), but also owns, as required by the new law, also a share in public lands entered into the USRN. And the new law did not establish the procedure for making entries in the USRN relating to horticulture and horticulture. And all this despite the fact that in gardening and horticulture people still have a variety of land documents. The situation is more than reminiscent of the running of a squirrel in a wheel. “Protein” in the bureaucratic wheel, as you know, can be gardeners and gardeners who plan to be in SNT or ONT.

• Third collision

The third conflict is related to the variety of interpretations of the article on the possibility of gardening and horticulture without forming a legal entity.

Although the new law introduced an article, according to which horticulture and horticulture without the formation of a legal entity is allowed, nevertheless, it seems to be “vague” and allows for ambiguous perception:

1. individuals cannot apply for a settlement, which means they will not have to rely on municipal support measures,
2. individuals “honored” with the obligation to pay contributions and the right to participate in general meetings of the partnership with their votes must “interact with the municipalities”, which, nevertheless, will not create any infrastructure for them (as they say, “the collective farm is, of course, a matter voluntary, but we will not tolerate individuality”).

• Fourth collision

We are talking about the provision of shares in common property. According to the new law, all 100% of the owners of plots in SNT or ONT at their general meeting must decide on the desire to purchase shares in public property:

1. neither the regulations nor the conditions are specified under which such a meeting of land owners in partnerships (not all members of the collective, namely the owners) can be recognized as authorized,
2. the impossibility in reality of holding a meeting, which must be attended by 100% of the owners of plots in SNT or ONT.

As a consequence of the indicated minuses of the provision on shares in common property, situations that are negative in their consequences are not excluded when:

1. public land may be in the possession of a legal entity (partnership) and its founders, who, at such general meetings, approve, in particular, estimates, contributions, etc.,
2. all owners of land plots left “out of distribution” will be required to maintain this legal entity and public property, pay for the acquisition of this property, but they will not become its owners and members of the partnership.

• Fifth collision

There is some confusion with the transitional period introduced by the law. The transition period will last until 2024. Related laws will change at this time. At the same time, from the beginning of 2019, SNT and ONT should use their charters only to the extent that they do not contradict the new norms that have changed over the course of 5 years. It is somehow difficult to link together these 2 provisions of the new law, which are mutually exclusive, spelled out as “execution cannot be pardoned.

Lyudmila Golosova, Chairman of the Trade Union of Russian Gardeners, shares her opinion on the new law:

Results of consideration of the bill by the State Duma in the 3rd final reading - adoption of the law

On July 20, 2017, the State Duma adopted in the third, final reading, a law regulating gardening, horticulture and dacha farming by citizens for their own needs (FZ No. 217-FZ).

Consideration of numerous comments and amendments received during the discussion of the draft law resulted in significant changes reflected in the law.

Let us reiterate the main provisions of the law:

• now there will be only 2 types of suburban partnerships:
  1. horticultural
  2. horticultural,
• all partnerships will have to re-register, decide what type they belong to:
  1. the decision on who to be (gardeners and gardeners) is made by the general meeting of the partnership,
  2. following the results of the general meeting, submit a corresponding application to Rosreestr,

contributions to new SNT and ONT:

1. contributions can be only of 2 types - membership and target,
2. there will be no entrance fees
3. contributions must be transferred to the account of the partnership,
4. cash contributions are not allowed,
5. the amount of membership and earmarked contributions is determined on the basis of a financial and economic justification approved by the general meeting of members of the partnership,
• the minimum number of members of the partnership is 7,
• it is now possible to elect a chairman for 5 years, and not for 2 as before, and an unlimited number of times, and in order to “overthrow” him, an extraordinary general meeting must be held at the request of at least 1/5 of the total number of members of the partnership,

• members of the management board of the partnership and their relatives cannot be members of the audit commission,

  partnership documents must be kept for 49 years,

  members of the partnership have the right to get acquainted with the financial statements,

  if copies of some documents are needed, then the members of the partnership can receive them for a fee established by the general meeting, but this fee should not exceed the cost of making these copies, and the issuance of copies of documents to authorities is free of charge,

• members of the partnership are obliged to comply not only with the decisions of the general meeting, but also with the decisions taken by the chairman of the partnership and the board of the partnership;
• the concept of “residential building” was introduced, excluding the definitions of “dacha”, “country house”, “dacha economy” - this was done in order to prevent legal uncertainties,
• a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential building can be transferred to a garden building (for example, to reduce real estate tax), but this or that degree of capitalization of a garden or residential building will have to be justified , in accordance with established requirements and rules,
• capital buildings cannot be erected on garden plots - only temporary garden houses that are not real estate objects can be erected on them,
• the difference between gardeners and gardeners, according to the new law:
  1. gardeners can build residential buildings on the site and register in them,
  2. gardeners can only build garden houses for seasonal living,
• if the majority of the members of the partnership wish to become gardeners, then it will not be necessary to demolish the already built full-fledged residential buildings (not seasonal), but at the time the law comes into force, the ownership of the buildings must be registered,
• if the ownership of residential buildings is not registered, then such houses will have to be demolished, dismantled or rebuilt into garden houses,
• owners of plots with unregistered buildings need to know that in the near future it is planned to introduce a five times higher tax on land by law - a relevant bill is being developed in this regard (on amendments to the Tax Code, according to which the value of identified real estate objects will be determined as the cadastral value of the plot, on where unregistered structures are located, multiplied by a certain coefficient),
• it has been established that the maximum area of ​​public land (including land plots along which roads are laid and power transmission poles are needed to install a transformer, garbage heap, board house, playground, organization of public spaces between fences, where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area that is occupied by all personal land plots taken together,
• common property belongs to the members of the partnership on the right of shared ownership in proportion to the area of ​​​​their plots (for owners of large shares, the tax will be higher, which is unlikely to please them, but for other gardeners and gardeners, this tax situation will probably please, but the joy will be relative, since their taxes: nevertheless, will increase, since you still have to pay for your share of the collective property;
• it is allowed to conduct gardening and horticulture without forming a legal entity, and if the right holders of land plots want to be members of the partnership, they are offered such an opportunity by law (both for land owners and for citizens who have the rights of perpetual use or lease of land plots),
• the powers and responsibilities of non-profit organizations created for horticulture, horticulture and dacha farming are spelled out:
  1. for the convenience of voting, internal-absentee and absentee forms of holding general meetings of members of the partnership are introduced,
  2. the opportunity for general meetings of members of the partnership to decide on a voluntary basis on the gratuitous transfer of part of the common property (roads, electric grid facilities, water supply, communications and other facilities) to state or municipal property - in other words, collective property, according to the new law, can be not to divide into shares, but to give it entirely to some legal entity (for example, to transfer the transformer and networks to the energy company, and the roads to the municipal authorities), and such a decision can become very expedient, since members of the partnership are relieved of the concern for maintaining and repairing their collective property,
  3. if contributions are not paid for more than 2 months, a member of the partnership may be expelled from the partnership, however, he will still use the common property (electricity, road, garbage) and pay for it the same as the members, having lost only the right to vote at the general meeting,
• the concept of “the boundaries of the territory of the partnership” has been improved: it has been replaced by “the territory of gardening or horticulture by citizens for their own needs”, since the size of the common property, which is in common shared ownership and managed by the partnership, depends on the territory of horticulture or horticulture,
• the definition of the concept of "property of common use" is concretized, the possible types and purposes of using such property are established, which will reduce the risk of the appearance in partnerships of property not related to its activities,
• for persons who are the right holders of land plots, but who have not joined the partnership, the following are provided:
  1. the obligation to pay for the acquisition, creation, maintenance, current and major repairs of common property, as well as for services and work on the management of such property in amounts equal to those established for members of the partnership,
  2. the right to use common property located within the boundaries of the territory of horticulture or horticulture, on an equal footing and to the extent established for members of the partnership,
  3. the right to take part in voting at the general meeting of members of the partnership on issues related to the disposal of public property;
• in relation to associations created before the adoption of the law and which are owners of common-use property, transitional provisions provide for the obligation until January 1, 2024 to submit for consideration by the general meeting of members of the partnership the issue of transferring such property to the common shared ownership of land owners,
• the procedure for licensing wells of partnerships has been simplified - the requirement for their mandatory licensing comes into effect from January 1, 2020 without obtaining a license for the use of subsoil).

An important merit of the new law lies in the desire to respect the rights of those gardeners who do not want to be members of gardening associations, and those who are in favor of this form of farming. The law has become a document not about legal entities, but about the relationship of citizens who are engaged in gardening and horticulture. It is scheduled to come into effect on January 1, 2019. Until that moment, gardeners, gardeners and gardeners will be in transitional mode, adapting to the new rules.

This video material testifies to the heated discussion of the bill in the final third reading in the State Duma:

Good to know

• What is interesting about the "forest amnesty" for land owners - read
• Read about the possibility of building a residential building on farm land.
• You can familiarize yourself with the calculation of taxes on real estate objects according to the new rules of 2019.

When joining the SNT, not all future gardeners know the duties of the chairman, so they often expect him to resolve those issues that are not within his competence. What are the duties of the Chairman of the SNT? You will find explanations in this article.

Features of SNT

To figure out what kind of load the chairman of the SNT should perform, you must first understand what the abbreviation itself means.

SNT is an abbreviation for the phrase "horticultural non-profit partnership." This organization is an association of citizens with a non-profit purpose in one gardening, in order to solve common social and economic issues. This type of horticultural organization must be registered with the state tax service.

The features of SNT as an organization are as follows:

1. Drafting of articles of association (in writing).
2. Elected governing bodies.
3. Opportunity to conduct business from the date of registration.

At the same time, SNT members are the owners of land plots, they are required to pay regular contributions (for example, membership, target). The funds raised from contributions from horticulture members are intended to support:

• governing bodies;
• property for common use.

In its essence, such a partnership of gardeners combines plots of land intended for common use. That is, they are a single array that has its own developed infrastructure:

• roads and driveways;
• drainage ditches;
• all kinds of buildings;
• a network of communications of various types (water supply, gas, electricity, etc.).

Such infrastructure elements are common property for all members of the CNT.

Job nuances

The chairman of any horticulture, especially non-profit, is the main actor in the management of this organization. Responsibilities that correspond to the position of the chairman are determined by a special instruction. It is compiled on the basis of the Federal Law - Law No. 66. Consider the key points of this document:

1. The chairman is hired by members of the horticulture, they can also release him from his post, but only by agreeing their decision at the general meeting.
2. The chairman is elected at a general meeting or for authorized persons (with the obligatory execution of an appropriate written resolution).
3. The term of this officer is two years.
4. He may have the following employees under his command:
   • deputy (in the absence of the chairman, works instead of him);
   • secretary (is engaged in maintaining documentation, file cabinets of members of the partnership, owners of garden plots, etc.).

The listed powers of this official are determined by the charter of non-commercial horticulture and the legislative system of our state at the federal level - Federal Law, Law No. 66.

Information table

As already mentioned, the job description for the chairman of the horticulture board is determined at the general meeting of the board, but at the same time it should not contradict the charter and the legislative system of our state. Our experts have prepared an information table from which you can learn all the nuances of the position of chairman.

Rights	Responsibilities	A responsibility
give instructions to employees that must be followed	represents horticultural interests in government authorities (for example, district administration, sanitary supervision, etc.) in accordance with its competence	for organized business
use information received from board members and gardeners	perform the duties of the chief official at meetings with the right of first signature on all documents	for the correctness of the concluded contracts
suspend employees from work if there is a gross violation of internal regulations, job duties, sanitary standards, labor protection and fire safety rules	constantly monitor the condition of equipment and external improvement of sites, as well as take timely measures to eliminate deficiencies	for the timely and complete fulfillment of the terms of all contracts
receive from the owners of the plots copies of the title and confirming their rights of documentation	twice a month to conduct a reception of members of the horticulture on personal and general issues	for accounting and storage of documents
use equipment, materials and supplies	purchase materials and equipment that may be needed in the activities of SNT	for the proper maintenance, operation and safety of property
represent the interests of horticulture in local government bodies	every month record the readings of electricity meters, with their subsequent transfer to the accounting department and energy supply services	for making payments (together with the accounting department)
deal with personnel issues (for example, hiring and firing employees)	conduct a weekly inspection of the common property to monitor its technical condition, performance and wear	for the state of common property
take measures of punishment and encouragement to employees, to owners of plots	conclude contracts	for the measures taken
to petition the general meeting for the exclusion of debtors from members of the horticulture	open bank accounts	for financial transactions made on behalf of SNT
take responsibility for your actions and decisions	issue powers of attorney	for issued powers of attorney
control actions in relation to equipment, property and workers	exercise control over: — fulfillment by the services of obligations under the concluded contractual documents for the supply of electricity, promptly inform the board of the facts of their violation; - activities of the chief accountant of a non-profit organization; - financial reporting; - serviceability of engineering equipment; - proper performance by all employees of their duties; - statements by the owners of garden plots, their consideration and timely execution by SNT employees; - sanitary condition of the territory	for their controlling actions
provide information of an informational nature at your own discretion	once a quarter to inform the members of the board about future plans, the results of the implementation of previous plans	for the truthfulness of the information provided
edit technical documentation in accordance with generally accepted standards	ensure the availability, safety and replenishment of working and technical documentation: — planning; — schematic excerpts; - blueprints	for keeping documents
check financial records	to check the correctness of accrual of payments to owners of SNT	for the correctness of filling financial papers
make independent decisions in case of emergencies	take measures to eliminate emergency situations (electrical equipment shutdown, accidents, etc.), draw up acts on the fact of emergency situations at the request of members	for self-made decisions to eliminate emergency situations
Note: - in addition, he has the right to a polite, respectful and correct attitude towards himself of workers and members of gardening.	Note: - in addition, in the performance of his duties, he needs to be polite and correct with employees and owners of land plots; - if the chairman does not agree with some points of this document, he can appeal the job description at a general meeting of board members.

If an official elected or hired as the chairman of the SNT does not cope with his duties, violates the rules prescribed in the charter, abuses his responsibility, and also uses his rights for personal gain, he will be relieved of his post.

Removal of the chairman of the SNT from office

There are several basic situations where the chairman of a non-profit type of horticulture can be dismissed from his position by the board members themselves. This opportunity is presented to them as a result of the actions of the chairman himself:

• constantly does not comply with the decision of the general meetings / board;
• systematically refuses to perform his direct official duties (for example, does not hold meetings of the board at the written request of its members);
• in writing expressed a desire to voluntarily resign from the performance of their duties and from their position;
• absent as an official at his workplace for more than ten days (with mandatory actual confirmation);
• refuses to provide the audit commission performing the audit with the required documentation on the activities of the SNT;
• conducts independent activities, as a result of which the CNT is financially damaged (for example, abuse of power for personal gain), followed by confirmation by a special commission that it is conducting an audit.

The above list can be supplemented or reduced. This is done by the gardening members themselves at the meeting. At the same time, the main responsibility of the chairman is complete subordination to the board, referring to the adopted charter of a certain SNT, - Federal Law, Law No. 66.

FOR ALL GARDENERS AND SNT RUSSIA
UNIVERSAL MEMO TO A MEMBER OF A GARDENING NON-PROFIT PARTNERSHIP

Official text and other useful information for gardeners
1.1.
http://www.7150511.ru/articles/analytic/universalnaya-pamyatka-sadovoda/
and
http://www.7150511.ru/articles/analytic/

The leaflet is based on the current norms of the legislation of the Russian Federation on the legal status of horticultural non-profit partnerships (SNT) and on the rights of their members.

Currently, the legislation of the Russian Federation comprehensively and comprehensively regulates the main organizational, property, land, financial, urban, housing, labor and other relations arising in the course of horticultural management.

1.2. Nevertheless, it is in this sphere of land use and recreation of citizens that there is a lot of arbitrariness and gross violations of the rights and legitimate interests of gardeners. Facts of violation of the rights of gardeners directly in the associations themselves have become a common phenomenon. This is, first of all, non-compliance with the norms of democratic management of the partnership established by the Law, the deliberate concealment by the board from the members of the partnership of information about the actual expenditures of monetary and other funds of the partnership, about the intended use of these funds, the arbitrary establishment of membership and other fees, the conduct of various transactions that cause financial and material damage to the partnership. At the same time, gardeners sometimes do not fully fulfill their obligations stipulated by the legislation of the Russian Federation, the Charter and internal regulatory documents of their SNT.

This leaflet aims to provide the members of the partnership in the most accessible form with the necessary legal knowledge that would effectively protect their rights and legitimate interests and prevent their violation, as well as conscientiously fulfill their duties.

1. Horticultural non-profit partnership

The law that directly determines the legal status of a horticultural non-profit partnership is the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens."

The main governing document of a horticultural non-profit partnership is the Charter of the partnership, approved by the general meeting of its members (Article 16 of Law No. 66-FZ).

2. Membership in a horticultural non-profit partnership

According to Art. 18 of Law No. 66-FZ, membership in a horticultural non-profit partnership is established from the age of eighteen.

Members of the partnership may be minors and underage citizens, to whom the land plots have passed as a result of inheritance, donation or other transactions with land plots. The interests of these persons must be represented by their parents, guardians or custodians in the manner prescribed by the norms of civil and family legislation.

3. Property of horticultural non-profit partnerships, its formation and use

In accordance with Law No. 66-FZ, the property of a partnership as a legal entity is formed from entrance and membership fees of members of the partnership. Common property is formed from earmarked contributions. The same law determines the property liability of the members of the partnership.

3. 1. Entry fees

The payment of entrance fees is a prerequisite for the admission of a citizen as a member of the partnership.

The obligation to pay entrance fees lies with all those joining the partnership, regardless of whether they enter anew on a general basis or in the place of other members of the partnership (in the case of acquiring a plot by way of purchase and sale, inheritance, transfer of membership, etc.).

The fact that their predecessors have once already paid entry fees does not exempt new members from paying them. However, the charter of the partnership may stipulate that members of the gardener's families who jointly farm on the land are exempted from paying entrance fees.

Entry fees can only be paid in cash. Their sizes are established by decisions of the general meetings of the members of the partnership.

Payment of entrance fees is made at a time; their installment plan, as a rule, is not provided.

The main expenses of the entrance fees are defined in Law No. 66-FZ (Article 32) and are associated at the initial stage of organizing SNT with the preparation of design and technical documentation, technical specifications for engineering support, cost estimates and other documents necessary for the coordination and approval of the project and development of the territory of the gardening partnership. They are also spent on the implementation of measures to organize the partnership and on the execution of the necessary documentation for this purpose (payment for premises for holding a general meeting, publication of the Charter of the partnership, membership books, etc.).

Entry fees are non-refundable. When a citizen leaves the partnership, regardless of the reasons for the departure, the funds contributed as entrance fees are not returned to him.

3.2. Membership fee. Directions of their spending, amounts and terms of payment.

Membership fees (cash) are periodically paid by gardeners and are spent on needs arising from the economic activities of the partnership: remuneration of employees who have concluded labor contracts with the partnership (accountant, treasurer, cashier, watchmen, electrician and other employees), as well as on payment of current operational expenses (drainage, removal of household waste, road repairs, arrangement of children's and sports grounds, etc.).

The payment of membership fees is a necessary condition for maintaining the rights of a member of the partnership to participate in its activities (to elect and be elected to the management and control bodies of the partnership, as well as to receive information about their activities), to use the services and benefits provided for by the Charter of the partnership.

The frequency of payment of membership fees (once a year, half a year, quarter) is established by the decision of the general meeting. Payment of membership fees on time is a duty of a member of the partnership provided for by Law No. 66-FZ (subparagraph 6 of clause 2 of article 19), failure to comply with which deprives him of the right to use the services of the partnership, and in case of systematic evasion from paying fees, it may become the basis for exclusion from members partnerships.

3.3. earmarked contributions

Target contributions (cash) are established only for members of the partnership. The amount of these contributions and the procedure for their payment are determined by the members of the partnership.

Target contributions are intended for the acquisition and creation of objects of common use property. Such objects include the construction or reconstruction of roads, a water-pressure system, the installation of electric lighting of the site, the arrangement of a reservoir, the construction of a fence, leisure and household pavilions, and other objects.

Target contributions cannot be depersonalized with other funds. Funds of earmarked contributions shall be used only to pay expenses for objects determined by the general meeting of members of the partnership.

According to Art. 4 of Law No. 66-FZ, the common property of the partnership, acquired or created by it at the expense of earmarked contributions, is the joint property of its members.

4.4. The procedure for the formation of a special fund in a horticultural partnership and its intended use

By decision of the general meeting of members of the partnership, a special fund can be created, which consists of entrance and membership fees of this partnership, income from its economic activities, as well as funds provided by state authorities and local governments, enterprises and organizations in order to support gardening partnerships (Article 35 , 36, 38 of Law No. 66-FZ).

Common property acquired or created at the expense of a special fund is the property of such a partnership as a legal entity.

5. Management of horticultural non-profit partnerships

As defined in Law No. 66-FZ (Article 20), the governing bodies of a partnership are the general meeting of its members (general meeting of authorized persons), the board elected by it and the chairman of the board of the partnership.

Through the aforementioned management bodies, the partnership, as a legal entity, acquires civil rights and assumes civil obligations. The management bodies of the partnership act in accordance with the law and their Charter.

The law does not allow the establishment of any other formations for the management of the partnership (for example, councils, committees, etc.). Named in Law No. 66-FZ, the structure of the governing bodies of the SNT is the only legal form for expressing the rights and interests of members of the partnership.

In large partnerships, holding general meetings of its members is often extremely difficult, and sometimes impossible. In this regard, the Law gives the partnership the right to hold a general meeting in the form of a meeting of representatives.

Authorized partnerships are elected from among its members and cannot transfer the exercise of their powers to other persons, including members of the partnership.

The articles of association of a partnership must provide for:

1) the number of members of the partnership from which one representative is elected;

2) the term of office of the authorized partnership;

3) the procedure for electing the authorized representatives of the partnership (by open voting or by secret ballot using ballots);

4) the possibility of re-election of the authorized persons of the partnership.

5.1. Competence of the general meeting of members of the SNT (meeting of authorized persons)

The competence of the supreme governing body of a horticultural non-profit partnership includes the most important issues of its life.

At the same time, the general meeting of members of the SNT (meeting of authorized persons) has the right to consider any issues related to the activities of the partnership and make decisions on them.

The general meeting of the members of the partnership (meeting of authorized persons) is convened by the board of the partnership as necessary, but at least once a year.

By decision of the board of the partnership, at the request of the audit commission (auditor) of the partnership, as well as at the proposal of the local government or at least one fifth of the total number of members of the partnership, an extraordinary general meeting of the partnership (meeting of authorized persons) may be held.

The board of the partnership is obliged, within seven days from the date of receipt of the proposal of the local government body or at least one-fifth of the total number of members of the partnership, or the request of the audit commission (auditor) of the partnership to hold an extraordinary general meeting of members of the partnership (meeting of authorized persons) to consider these proposals or requirements and make a decision to hold an extraordinary general meeting of the members of the partnership or to refuse to hold it.

The board of a horticultural partnership may refuse to hold an extraordinary general meeting of members of the partnership if the procedure established by the Charter of the partnership for submitting a proposal or making a request to convene an extraordinary general meeting of its members is not followed.

If the board decides to hold an extraordinary general meeting of the members of the partnership, the said general meeting must be held no later than thirty days from the date of receipt of the proposal or request to hold it. If the board has decided to refuse to hold an extraordinary general meeting of members of the partnership, it informs in writing the audit commission (auditor) of the partnership or its members or the local government requiring an extraordinary general meeting of members of the partnership (meeting of authorized persons) of the reasons for refusal .

The refusal of the board of the partnership to satisfy the proposal or demand to hold an extraordinary general meeting of the members of the partnership, the audit commission (auditor), members of the partnership, local government may appeal to the court.

5.2. Exclusive competence of the general meeting of SNT

Law No. 66-FZ (Article 21) refers the decision of the following issues to the exclusive competence of the general meeting of members of a horticultural partnership (meeting of authorized persons):

1) amendments to the Articles of Association of the partnership and additions to the Articles of Association or approval of the Articles of Association in a new edition;

2) admission to the partnership and exclusion from its members;

3) determination of the quantitative composition of the board of the partnership, 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 the association;

5) election of members of the audit commission (auditor) of the partnership 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 a decision on the partnership's entry into associations (unions) of horticultural non-profit partnerships;

11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of the partnership;

12) approval of the income and expenditure estimates of the partnership and making decisions on its implementation;

14) approval of reports of the board, acts of the audit commission (auditor), commission for monitoring compliance with the law;

15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law and members of the partnership.

The listed items (1-15) art. 21, constituting the exclusive competence of the general meeting of members of the partnership (meeting of authorized persons), are intended to ensure the direct participation of all its members in managing the affairs of the partnership.

Members of the partnership, based on the current legislation, and above all on Law No. 66-FZ, independently develop and approve the Charter of their partnership.

The most essential right of the general meeting of members of the partnership is the introduction of amendments and additions to the charter of the partnership, as well as the approval of the charter in a new edition.

The general meeting of the members of the partnership elects not only the board, but also its chairman. However, this does not mean that it can be opposed to the rule. Being the chairman of the board, he is obliged to observe the principle of collegiality in resolving issues, remaining accountable not only to the general meeting, but also to the board of the association.

According to the norms of Law No. 66-FZ, the procedure for electing the chairman of the board should be as follows: first, at the general meeting of members of the partnership, the composition of the board is elected (subparagraph 3 of clause 1 of article 21), and then the meeting of members of the board (which is not specified in the next subparagraph 4 of clause 1 article 21) elects the chairman of the board.

Of course, such a procedure does not allow the members of the partnership, when electing a chairman, to focus on the main official in the association - the chairman of the board.

But the Law also provides another option for electing the chairman of the board of the partnership, a more democratic one. However, in practice this is what happens. The general meeting elects from all the members of the partnership first the chairman of the board, who automatically becomes its member, then elects the members of the board of the partnership. And this order does not contradict the meaning of the Law.

Particularly important powers are granted to the general meeting of members of the partnership in the field of financial and economic activities.

These include, first of all, the right to make decisions on the use of the property of the partnership, establish the size of entrance, membership and target fees, approve the income and expenditure estimates and make decisions on its implementation.

Above were questions of the exclusive competence of the general meeting of the partnership (Article 21 of Law No. 66-FZ), among which the approval of the income and expenditure estimates (budget) of the partnership and its implementation occupy only 12th place, although this article is the basis of the financial and economic activities of the partnership .

It is well known that the approval of the estimate is made by the participants in the general meeting of the partnership, as a rule, "by ear", which does not allow them to delve into its essence. Apparently, those partnerships are doing the right thing, the Charter of which provides that at least two weeks before the general meeting, the members of the partnership should receive a written report on the execution of the income and expenditure estimates for the past year and a draft of this estimate for the coming financial and economic year. Only after familiarization with these documents of the members of the partnership can a reporting or reporting-election meeting be held.

Notification of the members of the partnership about the holding of a general meeting of its members can be carried out in writing (postcards, letters), as well as by placing appropriate announcements on information boards located on the territory of the partnership.

Notice of the general meeting shall be sent to the members of the partnership no later than two weeks before the date of its holding. The notice of the general meeting of the members of the partnership must indicate the content of the issues submitted for discussion.

The Charter and the internal regulations of the partnership may establish the procedure and conditions for absentee voting by poll (Federal Law of November 22, 2000 N 137-FZ). These documents must provide for the text of the ballot for absentee voting, the procedure for informing the members of the partnership of the proposed agenda, getting acquainted with the necessary information and documents, making proposals for the inclusion of additional issues on the agenda, as well as indicating a specific deadline for the completion of the absentee voting procedure.

The general meeting of members of a horticultural partnership cannot be held in absentia if the agenda includes the approval of income and expenditure estimates, board reports and acts of the audit commission (auditor) of the partnership.

The general meeting of the members of the partnership is competent if more than 50% of the members of the partnership (at least 50% of the authorized persons) are present at the said meeting. A member of the partnership 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 the partnership.

The broad powers granted to the supreme governing body of the partnership in considering and resolving issues in the main areas of economic and social activities that relate to the rights and interests of all its members revealed the need to establish the most democratic conditions in organizing and holding a general meeting of the partnership.

The adoption of the rules of the general meeting of members of the partnership (subparagraph 8 of clause 1 of article 21) helps to ensure an organized discussion and resolution of issues. At the same time, issues of the exclusive competence of the general meeting of members of the partnership cannot be transferred to the permission of the board or its chairman, even by decision of the general meeting itself.

Decisions on amending the Charter of the partnership and additions to the Charter or on approving the Charter in a new edition, exclusion from the membership of the partnership, 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 of members of the partnership by a majority of two thirds of the votes.

Other decisions of the general meeting of members of the partnership are made by a simple majority of votes.

And one more additional guarantee to ensure the legality of the decision of the general meeting of members of the partnership - it must be communicated to its members within seven days after its adoption.

A member of a horticultural partnership has the right to appeal to the court the decision of the general meeting, as well as the decision of the board and its chairman, which violated the rights and legitimate interests of a member of the partnership.

5.3. Board of SNT and its competence

According to Art. 22 of Law No. 66-FZ, the board is a collegial executive body, accountable only to the general meeting of members of the association.

Local authorities do not have the right to interfere in the activities of the board of the partnership, and it is not accountable to them. The Board is exempt from submitting reports to local authorities on the compliance of buildings erected on the sites with established norms and rules, on the intended use of state loans by members of the partnership. It is not the duty of the board to exercise control over the work carried out by the members of the partnership on laying the garden, landscaping its territory, inventory of plantings and buildings erected by members of the partnership on their plots, which existed in the previous model charters of horticultural partnerships.

The board of the partnership is elected by direct secret ballot from among its members for a period of two years by the general meeting of members of the partnership, unless otherwise provided by the charter of the partnership. The number of members of the board is established by the general meeting of members of the partnership.

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 the partnership.

Meetings of the board of the partnership are convened by the chairman of the board at the time 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 are taken by open voting by a simple majority of votes of the board members present.

The competence of the board includes:

1) practical implementation of decisions of the general meeting of members of the partnership;

2) operational management of the current activities of the partnership;

3) drawing up income and expenditure estimates and reports of the partnership, submitting them for approval by the general meeting of its members;

4) disposal of tangible and intangible assets of the partnership to the extent necessary to ensure its current activities;

5) organizational and technical support for the activities of the general meeting of members of the partnership;

6) organization of accounting and reporting of the partnership, preparation of the annual report and its submission for approval by the general meeting of members of the partnership;

7) organizing the protection of the property of the partnership and the property of its members;

8) organizing insurance of the property of the partnership 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, chemicals;

11) ensuring the office work of the association and the maintenance of its archive;

12) employment in the partnership of persons under employment contracts, their dismissal, encouragement and imposition of penalties, keeping records of employees;

13) control over the timely payment of entrance, membership and target fees, contributions to special funds;

14) making transactions on behalf of the partnership;

15) assistance to the members of the partnership in the gratuitous transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;

16) implementation of foreign economic activity of the partnership;

17) consideration of applications of members of the partnership.

The Board of SNT, in accordance with the legislation of the Russian Federation and the Articles of Association of the partnership, has the right to make decisions necessary to achieve the goals of the partnership and ensure its normal operation.

5.3.1. Does a person who is not a member of the partnership, but has a land plot on its territory, have the right to be elected to the board of the SNT?

Law No. 66-FZ (Article 8) does not provide for the right of citizens who are not members of a horticultural non-profit partnership and run an individual household to be elected to the board of the partnership. Their relations are built on the terms and conditions concluded in written form of contracts in the manner determined by the general meeting of members of the partnership. At the same time, the meeting establishes the amount of payments for the use of general-purpose social infrastructure facilities (road maintenance, electricity and water supply, landscaping facilities, etc.).

In case of violation of the rights of "individuals", in particular, the refusal of the board and the general meeting of the partnership to conclude contracts with them for individual housekeeping, these citizens have the right to appeal such actions in court.

Therefore, the relationship of non-members of the partnership with its governing bodies (board and general meeting) is not of an organizational and legal nature, based on membership in the partnership, but of a civil law nature, which is based on contractual relations.

In this regard, Article 22 of Law No. 66-FZ quite clearly establishes that the board of a horticultural non-profit partnership "is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such a partnership."

However, the foregoing does not mean that citizens engaged in gardening individually on the territory of the partnership should be excluded from the activities of the governing bodies of this partnership. They have the right to participate in general meetings of members of the partnership, to express their opinion with the right of an advisory vote, to participate in the work of commissions.

5.4. Powers of the Chairman of the Board

The board of the horticultural non-profit association is headed by the chairman of the board, elected from among the members of the board for a term of two years. According to Art. 23 of Law No. 66-FZ, the powers of the chairman of the board are determined by this law and the Charter of the partnership. The chairman of the board, in case of disagreement with the decision of the board, has the right to appeal this decision to the general meeting of members of the partnership.

The chairman of the board of the partnership acts without a power of attorney on behalf of the partnership, including:

1) chair the meetings of the board;

2) has the right of first signature on financial documents that, in accordance with the Articles of Association of the partnership, are not subject to mandatory approval by the board or the general meeting of members of the partnership;

3) signs other documents on behalf of the association and minutes of the board meeting;

4) on the basis of a decision of the board of directors, enter into transactions and open accounts of the association;

5) issue powers of attorney, including those with the right of substitution;

6) ensures the development and submission for approval by the general meeting of members of the partnership of the internal regulations of the partnership, the provisions on the remuneration of employees who have concluded employment contracts with the partnership;

7) carries out representation on behalf of the partnership in state authorities, local governments, as well as in organizations;

8) consider applications of members of the partnership.

The chairman of the board of a horticultural non-profit partnership, in accordance with the Charter, performs other duties necessary to ensure the normal operation of the partnership, with the exception of duties assigned by the Law and the charter of the partnership to other management bodies of the partnership.

5.5. Responsibility of the chairman of the board of SNT and members of the board

In accordance with Art. 24 of Law No. 66-FZ, the chairman of the board of a horticultural non-profit partnership and members of its board, in exercising their rights and fulfilling their established duties, must act in the interests of the partnership, exercise their rights and perform the established duties conscientiously and reasonably.

As for the liability of the chairman of the board and its members, Article 24 of Law No. 66-FZ provides that for their unlawful actions they may be subject to disciplinary, material, administrative or criminal liability in proportion to their fault.

The fact is that Law No. 66-FZ gives the board wide rights to dispose of the tangible and intangible assets of the partnership, to fulfill the income and expenditure estimate approved by the general meeting, to make civil law transactions on behalf of the partnership, to organize the construction and maintenance of public facilities, to accept work under labor contracts and other equally important rights, up to the implementation of foreign economic activity.

Given the extensive rights of the board to dispose, as a rule, of large monetary and material resources, the legislator establishes the personal responsibility of the chairman and members of the board for the performance of their duties in the interests of the partnership in good faith and reasonably.

And here the provision of paragraph 2 of Art. 24 of Law No. 66-FZ, which establishes that the chairman of the board of a horticultural non-profit partnership, members of its board are liable to the partnership for losses caused to it by their actions (inaction). At the same time, members of the management board who voted against the decision, which caused losses to the partnership, or who did not take part in the voting, are not liable.

The issue of liability for the unlawful actions (inaction) of the chairman and members of the board that caused property damage to gardeners can be raised directly by the members of the partnership at a general meeting or by contacting the executive authorities or law enforcement agencies. But, of course, the most responsible role belongs to the audit commission of the partnership, and the prevention of abuses in the financial and economic activities of the board of the partnership largely depends on its effectiveness.

5.5.1. What is the procedure for compensating for material damage caused to members of the partnership by unlawful actions of its board?

Civil law under the material damage understands the damage caused to property, as a result of which there is its cost reduction or loss.

There are two main types of damage that caused material damage to a dwelling:

1) due to the unlawful behavior of the tortfeasor, his action or inaction;

2) as a result of causing harm to the living quarters through negligence.

For the culpable infliction of harm, as a general rule, there is tort liability. A delict means any violation in civil legal relations that do not constitute criminal acts. Tort liability entails only the obligation to compensate for the damage caused.

According to Art. 401 of the Civil Code of the Russian Federation, guilt is expressed in the form of intent or negligence. Intent is understood as the foreseeing of the harmful result of unlawful behavior or the conscious assumption of the occurrence of such a result.

Negligence is expressed in the absence of the care, foresight, and care required under certain circumstances. Article 1083 of the Civil Code of the Russian Federation distinguishes between gross and simple negligence, and their assessment determines the degree of guilt of the person and the amount of compensation for the harm caused.

Very often, damage is caused by employees hired by the board in the performance of their labor (service, official) duties. Citizens performing work on the basis of an employment contract (contract), as well as citizens performing work under a civil law contract (for example, under a work contract), if they acted or should have acted on the instructions of the relevant legal entity (in in this case, a horticultural non-profit partnership) or a citizen and under his control over the safe conduct of work.

For example, under an agreement with a partnership, a contractor performed road construction work, while causing significant damage to the fences of gardeners' plots and fruit trees located on them. In this case, the damage to the injured gardeners is compensated in full by the board of the partnership, which, in turn, makes appropriate demands on the contractor performing the work. However, the payment of compensation to gardeners for the damage caused to them does not depend on the outcome of the proceedings between the partnership and the contractor.

5.5.2. Does the board of the partnership have the right to increase the tariff for payment for electricity from the members of the partnership in comparison with the tariff established by the energy sales company, and does the board have the right to turn off the electricity from the owner of the site for non-payment of membership fees?

It is completely illegal if the board charges members of the partnership for electricity at tariffs exceeding the amounts established by the regional commissions for energy resources. If this happens, then the sums of the search should be taken into account in subsequent calculations for electricity with members of the partnership, and those responsible for the violation should be held liable in the manner prescribed by law.

The supply of electricity to the consumer may be completely or partially interrupted in the following cases:

1) unsatisfactory condition of the electrical wiring and failure to comply with the requirements of the person responsible for the electrical facilities of the partnership to eliminate the identified violations;

2) connection of current collectors in addition to the meter or violation of electricity metering schemes;

3) preventing officials from checking the condition of the consumer's electrical installations or electricity devices;

4) non-payment of the payment document for electricity within the established time limits. For these violations, power is cut off after a preliminary warning to the consumer and only in cases where he has not eliminated the violations within the prescribed period.

For other violations of the Charter of the partnership, in particular for non-payment of membership fees, the board is not entitled to use the power outage as an impact on the non-payer, since payment for electricity is made by gardeners separately, i.e. in addition to the established membership fees.

5.6. Control over the financial and economic activities of SNT

Control over this type of activity of a horticultural non-profit partnership, including the activities of its chairman, members of the board, is carried out by an audit commission (auditor) elected from among the members of such a partnership 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) of the partnership, approved by the general meeting of its members.

The audit commission (auditor) is accountable to the general meeting of members of the partnership. Re-elections of the audit commission (auditor) may be held ahead of schedule and at the request of at least one quarter of the total number of members of the partnership.

Members of the audit commission (auditor) of the partnership are liable for improper performance of their duties stipulated by the Federal Law

No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" and the Charter of the partnership.

The audit commission (auditor) is obliged to:

1) verify the implementation by the board of the partnership and the chairman of the board of decisions of general meetings of members of the partnership, the legality of civil law transactions made by the management bodies of the partnership, regulatory legal acts regulating the activities of the partnership, the state of its property;

2) carry out audits of the financial and economic activities of the partnership 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 a partnership, or at the request of one-fifth of the total number of members of the partnership 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 the partnership with the presentation of recommendations on the elimination of identified violations;

4) report to the general meeting of members of the partnership on all identified violations in the activities of the management bodies of the partnership;

5) exercise control over the timely consideration by the board of the partnership and the chairman of the board of applications of members of the partnership.

According to the results of the audit, when creating a threat to the interests of the partnership and its members, or if abuses of the members of the board of the partnership and the chairman of the board are revealed, the audit commission (auditor), within its powers, has the right to convene an extraordinary general meeting of the members of the partnership.

At the same time, it is possible to exercise control over the financial and economic activities of the partnership by associations (unions). According to paragraph 12 of Art. 9 Law

66-FZ, a local, interdistrict or regional association (union) of horticultural, horticultural and dacha associations may be granted the right to check the economic and financial activities of associations by the decision of the founding conference with the presentation of the results to the boards and general meetings of members of the association.

Chapter V of Law No. 66-FZ, which regulates the activities of the governing bodies of horticultural non-profit partnerships, provides for a form of public control over compliance with the law (Article 26). We are talking about public control as a form of assistance in the implementation of state control over compliance with the law, primarily in the environmental sphere.

As stated in Law No. 66-FZ, a commission for monitoring compliance with the law, elected at a general meeting of members of the partnership, is created in order to prevent and eliminate pollution of surface and ground waters, soil and atmospheric air with household waste and sewage, to comply with sanitary and other rules maintenance of public lands, garden plots and territories adjacent to them, ensuring compliance with fire safety rules during the operation of furnaces, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history, culture.

At the same time, the commission provides advisory assistance to members of the partnership, ensures that gardeners comply with land, environmental, forestry, water legislation, urban planning legislation, sanitary and epidemiological welfare of the population, fire safety, draws up acts on violations of the law and submits such acts for taking action to the board for consideration partnership, 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, without fail consider the submitted acts on violations of the law.

In a horticultural non-profit partnership, the number of members of which is less than thirty, 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 the partnership.

Members of the partnership's commission 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.

5.7. Record keeping in SNT

Minutes of general meetings of members of the partnership (meetings of authorized persons) are signed by the chairman and secretary of the meeting; protocols are certified by the seal of the partnership, are stored in its affairs permanently.

The minutes of the meetings of the board and the audit commission (auditor) of the partnership, the partnership commission for monitoring compliance with the law are signed by the chairman of the board or the deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the partnership commission for monitoring compliance with the legislation; the protocols are certified by the seal of the partnership and are kept permanently in its files.

Copies of the minutes of the general meetings of the partnership, meetings of the board, the audit commission (auditor) of the partnership, the commission of the partnership for monitoring compliance with the law, certified extracts from the minutes are submitted for familiarization to the members of the partnership at their request, as well as to the local authorities on whose territory such a partnership is located, to public authorities of the relevant subject of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.

5.7.1. Organization of accounting and reporting in SNT

The board of the partnership in accordance with subparagraph 6 of paragraph 3 of Art. 22 of Law No. 66-FZ organizes accounting and reporting, preparation of an annual accounting report, and its submission for approval by the general meeting of members of such a partnership. At the same time, it must determine whether the partnership will independently maintain its accounting records or this accounting will be maintained by a specialized organization, such as an audit firm, under the contract.

Before dwelling on the features of accounting in SNT, it is necessary to pay attention to their legal status. In their legal form, in accordance with the law, SNTs are non-profit organizations, i.e. do not pursue as the main goal the extraction of profit and do not distribute the profit received among their members (Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations"). But non-profit organizations can also conduct certain entrepreneurial (economic) activities, while extracting a certain profit. In this case, various types of accounting and other forms of financial reporting will be applied.

In general, when deciding on the accounting procedure, the partnership should be guided by the Federal Law of November 21, 1996 N 129-FZ "On Accounting", as well as the Regulations on Accounting and Reporting in the Russian Federation, approved by order of the Ministry of Finance of Russia of December 26 1994 N 170 (as amended and supplemented on December 19, 1995, November 28, 1996, February 3, 1997).

Some features of accounting and reporting for SNT are established by federal regulations. So, in pursuance of the Decree of the Government of the Russian Federation of June 27, 1996 N 758 "On state support for gardeners, gardeners and owners of personal subsidiary farms", the Ministry of Finance of Russia in a letter of October 27, 1996 N 92 announced that horticultural partnerships are recommended to keep accounting records in accordance with the simple form of accounting developed for small enterprises. Such a form is a book (journal) of accounting for business transactions in the form N K-1, given in the Guidelines for accounting for small businesses, approved by order of the Ministry of Finance of Russia dated December 22, 1995 N 131.

6. Legislation on the procedure for organizing and building up the territory of SNT

The main requirements for the procedure for developing projects for the organization and development of the territory of a horticultural, gardening and dacha association of citizens are set out in the norms of the Land Code of the Russian Federation (Article 32) and the Town Planning Code of the Russian Federation (Article 62), as well as in the system of urban planning standards adopted in accordance with them and rules (SNiP 30-02-97 "Planning and development of territories of horticultural associations of citizens, buildings and structures").

These documents oblige gardeners to comply with the requirements of urban planning regulations, construction, environmental, sanitary, fire and other rules and regulations when using land.

Unauthorized constructions are real estate objects erected on a land plot not allocated for these purposes, or without obtaining the necessary permits or with significant violations of building codes and regulations.

However, the owner's right to an unauthorized construction may be recognized for such a person, provided that the given plot is provided to this person in accordance with the established procedure for the erected building.

6.1. Standards for the organization and development of the territory of SNT

Such standards, according to Art. 33 of Law No. 66-FZ, are established by the executive authorities of the constituent entities of the Russian Federation in accordance with urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics.

The main standards for the organization and development of the territory of a horticultural non-profit partnership in accordance with urban planning legislation are:

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 the partnership;

List of necessary fire-fighting structures;

List of measures for environmental protection.

Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural non-profit partnership may additionally be applied.

The following basic rules are currently in force:

SNiP 30-02-97 (planning and development of territories of horticultural associations of citizens, buildings and structures);

SNiP 2.1.4.027-95 (sanitary rules and norms "Zones of sanitary protection of water supply sources and water pipelines for domestic and drinking purposes");

SP-11-106-97 (development, approval, approval and composition of planning documentation for the development of territories of horticultural associations).

The rules for the installation of electrical installations are defined by the governing document RD 34.21.122, as well as VSN 59 and NPB 106. When installing heat supply (boiler, stove, fireplace), the requirements of SNiP 2.04.05, gas supply - Safety Rules in the gas industry and SNiP 2.04.08.

Building norms and rules governing the planning and construction of horticultural non-profit partnerships determine the standards for the placement of land plots relative to each other, the standards for planning common-use lands (streets, driveways, parking lots, children's and sports grounds, places for collecting garbage, a room for storing fire extinguishing equipment and other buildings).

In accordance with paragraph 5 of SNiP 30-02-07 (Planning and development of territories of horticultural associations), on the territory of the association, the width of streets and driveways in the red lines should be:

for streets - not less than 9 m;

for driveways - at least 7 m.

The minimum turning radius is 6.5 m.

On driveways, passing platforms should be provided with a length of at least 15 m and a width of at least 7 m, including the width of the carriageway. The distance between passing platforms, as well as passing platforms and intersections should be no more than 200 m.

Dead-end passages are provided with turnaround areas of at least 12-12 m in size. The use of a turnaround area for parking is not allowed.

To ensure fire extinguishing on the territory of common use of a horticultural non-profit partnership, fire-fighting reservoirs or reservoirs with a capacity of at least 25 cubic meters must be provided. m, more than 300 plots - at least 60 cubic meters. m (each with a platform for the installation of fire equipment, with the possibility of water intake by pumps and the organization of an entrance for at least two fire trucks).

A horticultural association, including up to 300 plots, for fire-fighting purposes must have a portable motor pump, with a number of plots from 300 to 1000 - a trailed motor pump, more than 1000 plots - at least two trailed motor pumps.

Buildings and structures for common use must be separated from the boundaries of garden plots by at least 4 m.

6.2. Planning and development of garden plots in SNT

In accordance with SNiP 30-02-97, when planning and building garden plots, the area of ​​an individual garden plot is assumed to be at least 0.06 ha.

The fences of individual garden plots in order to minimize the shading of the territory of neighboring plots should be mesh or lattice.

It is allowed, by decision of the general meeting of members of the association, to install deaf fences from the side of streets and driveways.

On the garden plot it is allowed to build a garden house for seasonal, temporary or year-round use, outbuildings and structures, including buildings for keeping small livestock and poultry, greenhouses and other structures with insulated soil, a carport or garage.

The garden house must be at least 3 m from the red line of the streets. At the same time, between garden houses located on opposite sides of the passage, fire-prevention distances must be taken into account according to established standards.

The distance from outbuildings to the red line of streets and driveways must be at least 5 m.

The minimum distances to the borders of the neighboring garden plot according to sanitary conditions should be, m:

from the garden house - 3;

from a building for keeping small livestock and poultry - 4;

from other buildings - 1;

from the trunks of tall trees - 4, medium-sized - 2, from shrubs - 1.

The minimum distances between buildings according to sanitary conditions should be, m:

from the garden house and cellar to the latrine - 12;

to shower, bath, sauna - 8;

from a cellar to a composting device and a building for small livestock and poultry - 7.

The specified distances must be observed both between buildings on the same site, and between buildings located on adjacent sites.

It is allowed to adjoin outbuildings to the garden house. At the same time, premises for small livestock and poultry must have an isolated external entrance, located no closer than 7 m from the entrance to the garden house.

It is possible to combine an outbuilding and a garden house, subject to sanitary and hygienic requirements.

Garages for cars can be free-standing, built-in to the garden house and outbuildings.

Garden houses are designed (built) with different space-planning structure: one-story, two-story, mansard, with an arbitrary difference in floor levels.

Under the garden house and outbuildings, a basement and a cellar are allowed. Under the premises for livestock and poultry, a cellar is not allowed.

The height of residential premises is taken from floor to ceiling at least 2.2 m. The height of utility rooms, including those located in the basement, should be taken at least 2 m, the height of the cellar - at least 1.6 m to the bottom of protruding structures (beams, girders ).

Stairs leading to the second floor (including the attic) can be located both inside and outside garden houses. The dimensions of these stairs, as well as the stairs leading to the basement and basement floors, are accepted depending on the specific conditions.

It is not allowed to organize the runoff of rainwater from the roofs to the neighboring site.

6.3. Engineering arrangement of the territory of SNT

The territory of the SNT must be equipped with a water supply system that meets the requirements of the relevant rules and regulations. Domestic and drinking water can be supplied both from a centralized water supply system and autonomously - from shaft and small-tube wells, springs in compliance with the current Regulations on the procedure for designing and operating the sanitary protection of water supply sources and water pipes for domestic and drinking purposes (SNiP 30-02-97 ).

The device for introducing water supply to garden houses is allowed if there is a local sewerage system or when connected to a centralized sewerage system.

Drinking water sources should be provided on the public territory of the SNT. A sanitary protection zone is organized around each source:

For artesian wells - with a radius of 30 to 50 m (set by hydrogeologists);

For springs and wells - in accordance with the current sanitary rules and regulations;

For irrigation of horticultural crops, as a rule, open reservoirs and specially equipped pits are used - water storage or provide for a seasonal water supply network.

SNT territories should be provided with fire-fighting water supply by connecting to external water supply networks or by installing fire-fighting reservoirs or reservoirs.

On external water supply networks, every 100 m, connecting heads should be installed for water intake by fire engines.

Water towers located on the territory of the SNT must be equipped with devices (connecting heads, etc.) for the intake of water by fire engines.

By agreement with the authorities of the State Fire Service, it is allowed to use natural sources for fire extinguishing, located at a distance of no more than 200 m from the territory of the SNT.

Water consumption for fire extinguishing should be taken as 5 l/s.

The collection, removal and disposal of sewage can be non-sewered, with the help of local treatment facilities, the placement and installation of which is carried out in compliance with the relevant standards and coordination in the prescribed manner. It is also possible to connect to centralized sewerage systems subject to the requirements of SNiP.

Collection and treatment of shower, bath, sauna and household wastewater should be carried out in a filter trench with gravel-sand backfill or in other treatment facilities.

It is allowed to discharge household wastewater into an external cuvette through a special ditch.

In heated garden houses, heating and hot water supply should be provided from autonomous systems, which include sources of heat supply (boiler, stove, etc.; when installing stoves and fireplaces, the requirements of SNiP 2.04.05 should be met), as well as heating appliances and water fittings.

Gas supply of garden houses can be carried out from gas-balloon installations of liquefied gas, from tank installations with liquefied gas or from gas networks.

Cylinders with liquefied gas should be stored in an intermediate storage of gas cylinders located in the common area. Storage of cylinders in garden areas is not allowed.

Cylinders with a capacity of more than 12 liters for supplying gas to kitchen and other stoves should be located in an annex made of non-combustible material or in a metal box near a blank section of the outer wall no closer than 5 m from the entrance to the building. In the kitchen, it is allowed to install cylinders with combustible gas with a capacity of not more than 12 liters.

Power supply networks on the territory of SNT are provided, as a rule, by overhead lines. It is forbidden to conduct overhead lines directly above the garden plots, except for individual wiring.

7. Responsibility of gardeners, as well as officials for violations of legislation on the use of land

In accordance with Art. 47 of Law No. 66-FZ, gardeners, as well as officials, may be subject to administrative penalties in the form of a warning or a fine for violation of land, forest, water, urban planning legislation, legislation on the sanitary and epidemiological welfare of the population, on fire safety, committed within the borders of the SNT, in the manner prescribed by the legislation on administrative offenses.

7.1. Administrative responsibility of gardeners for violation of land, town planning and water legislation within the boundaries of the territory of SNT

In accordance with the norms of the Code of Administrative Offenses of the Russian Federation (CAO PF 195 FZ), which came into force on July 1, 2002, gardeners may be fined for the following administrative offenses of land legislation committed within the borders of the SNT.

1. Unauthorized occupation of a land plot

Article 7.1 of the Code of Administrative Offenses

2. Destruction of boundary markers of land boundaries

Article 7.2.1 of the Code of Administrative Offenses

3. Unauthorized occupation of a land plot of the coastal strip of a water body, a zone of sanitary protection of sources of drinking and household water supply

Article 7.6 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 300 to 500 rubles

Official of SNT Administrative fine from 500 to 1000 rubles

For SNT (legal entity) Administrative fine from 5,000 to 10,000 rubles

4. Unauthorized occupation of a forest fund site or a forest site that is not included in the forest fund

Article 7.9 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 500 to 1000 rubles

Official of SNT Administrative fine from 1000 to 2000 rubles

For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles

5. Unauthorized assignment of the right to use land, a forest plot or a water body

Article 7.10 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 500 to 1000 rubles

Official of SNT Administrative fine from 1000 to 2000 rubles

For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles

6. Violation of fire safety rules in forests

Article 8.32 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 1500 to 2500 rubles

SNT official Administrative fine from 5,000 to 10,000 rubles

For SNT (legal entity) Administrative fine from 30,000 to 100,000 rubles

7. Violation of fire safety rules

Article 20.4 of the Code of Administrative Offenses

1. Violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses

Gardener (individual) Administrative fine from 500 to 1000 rubles

Official of SNT Administrative fine from 1000 to 2000 rubles

For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles

and administrative suspension of activities for up to ninety days.

2. The same actions committed under the conditions of a special fire regime

Gardener (individual) Administrative fine from 1000 to 1500 rubles

SNT official Administrative fine from 2,000 to 3,000 rubles

For SNT (legal entity) Administrative fine from 20,000 to 30,000 rubles

3. Violation of fire safety requirements that caused a fire without causing serious harm to human health

SNT official Administrative fine from 3,000 to 4,000 rubles

For SNT (legal entity) Administrative fine from 30,000 to 40,000 rubles

6. Unauthorized blocking of passages to buildings and structures installed for fire trucks and equipment

Gardener (individual) Administrative fine from 300 to 500 rubles

Official of SNT Administrative fine from 500 to 1000 rubles

For SNT (legal entity) Administrative fine from 5,000 to 10,000 rubles

8. Violation of fire safety requirements on the provision of passages, driveways and entrances to buildings, structures and structures

Gardener (individual) Administrative fine from 1500 to 2000 rubles

SNT official Administrative fine from 7,000 to 10,000 rubles

For SNT (legal entity) Administrative fine from 120,000 to 150,000 rubles

8. Unauthorized constructions are real estate objects erected on a land plot not allocated for these purposes, or without obtaining the necessary permits or with significant violations of building codes and regulations.

Transactions aimed at selling, donating, leasing or otherwise disposing of unauthorized construction are invalid as illegal. Unauthorized construction is subject to demolition by the person who carried it out or at his expense.

9. Article 222 of the Civil Code regards such a structure as unauthorized, which means that sooner or later it will be demolished, and the “owner” will pay for it.

10. A land plot in connection with its misuse may also be withdrawn from the owner by a court decision.

Basic standards for gardeners:

1. Land Code of the Russian Federation (Article 32)

2. Town Planning Code of the Russian Federation (Article 62)

3. Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”;

4. Federal Law of July 22, 2008 No. 123-FZ "Technical Regulations on Fire Safety Requirements";

5. SNiP 2.07.01-89 “Urban planning. Planning and development of urban and rural settlements”;

6. SNiP 30-02-97 "Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures".

7. SNiP 2.1.4.027-95 (sanitary rules and norms "Zones of sanitary protection of water supply sources and water pipelines for household and drinking purposes");

8. SP-11-106-97 (development, coordination, approval and composition of planning documentation for the development of territories of horticultural associations).

9. RD 34.21.122, VSN 59 and NPB 106 Rules for the installation of electrical installations

10. POT R M-016-2001 RD 153-34.0-03.150-00 Intersectoral rules on labor protection (safety rules) for the operation of electrical installations

11. SNiP 2.04.05 - for heat supply (boiler, stove, fireplace);

12. VNS 59-88 “Electrical equipment of residential and public buildings. Design standards”;

13. SNiP 2.04.08-87 "Gas supply";

Naturally, in such a number of documents there are a great many of all kinds of requirements and restrictions for dachas. The distances between buildings on the site and the distances from your house to the border of the neighboring site, to the street and the passage are regulated, and these distances also depend on the materials from which the houses are built. The number of floors is determined, various restrictions are stipulated, if nearby is a sanitary or environmental protection zone, a railway, an architectural monument.

In accordance with the upcoming law, innovations will cost the owners of plots near Moscow approximately 246 billion

snt today

A garden or dacha partnership is a few hundred people who, by chance, turned out to be the owners of neighboring plots of land. They do not know each other and see each other mainly at general meetings, which usually result in hubbub, hysteria and mutual insults.

Because of the hubbub, and also because of their own indifference, a maximum of a quarter of the members of the SNT go to meetings. It is impossible to force the rest, because there are no legal instruments for this. There are no levers.

The chairman and board of the SNT are elected by the meeting for two years. The most common types of chairman are:

Energetic brazen fool. He constantly squeals, promises to sue everyone and effectively ruins what still somehow worked;

Retired military or former boss. He presses with authority, promises a lot and does nothing, because he knows how to do nothing;

Successful in life, business man. Goes to the chair, following the principle "if you can not stop the madness, you must lead it." He usually manages to get things done in the gardening partnership, using personal means and connections.

SNT problems:

- electricity

- trash

- roads

Electricity problem consists of two parts.

First part: summer residents do not have enough power. Turn on the kettle and the lights go out. To solve it, it is necessary to change the old transformer to a new one and put things in order with networks, poles and wires, that is, collect a lot of money from all members, which is extremely difficult, because there are no levers for this.

The second part: defaulters hanging on the shoulders of those who pay.

The ambush here is that the partnership pays for electricity collectively - according to a common meter. All members hand over money to the accountant on their individual counters, they are added, and in theory the same amount should be obtained as on the general counter. But she never succeeds. Because many simply do not pay for electricity. And there is no leverage to make them pay.

As a result, SNT's debts for electricity are paid off from contributions, that is, from the general money that is collected for garbage collection, snow removal and tax payment for public land.

The trash problem stems from an electrical problem. If the contributions go towards paying the debts for electricity, there is very little left for garbage collection. Therefore, the export is ordered only when there is nowhere to go. When the container is littered with garbage, and everything around is littered, and the owners of the nearest sites shout at the chairman: “I got this garbage dump! Rearrange immediately! And then we won’t pay dues!”

The most popular threat among SNT members is: I won't pay dues because the board isn't doing anything.

You can't force people to pay dues, there's no leverage.

Theoretically, it is possible to exclude such a comrade from SNT and conclude an agreement with him on the use of common roads, electricity networks, etc.

But he can agree on such an agreement until he's blue in the face: you think I have to pay SNT 5 thousand rubles, but I think a thousand.

To untie him, SNT will sue and will pay legal costs. But the lawsuit will end in nothing when the costs go off scale for a hundred thousand and it becomes clear that there is no end to them.

Road problem. There is no road for three kopecks. To make a normal road, you need a lot of money. Assembling them is as difficult as on a new transformer. Rent less than half of the comrades. Others say: why so expensive? It is impossible to force them, there are no levers. As a result, the amount collected is insufficient.

You can, that is, somewhere pour the old primer, trim somewhere. But you can't build a road that doesn't fail in the first spring for this amount.

Those who donated money, however, expect more. They see the pitiful efforts to level the primer and blame the chairman: he plundered our money, we won’t rent it anymore ...

Painful distrust of Russians to each other, inability to organize themselves, a huge difference in financial situation, life experience and understanding of how the world works - these are the reasons why any undertakings get stuck in SNT and almost nothing can be solved together.

But all this could be overcome if the CNT - in the person of the general meeting and the chairman - had leverage over its members.

And there are no levers. Because of this, SNT cannot improve themselves and suffer from inconvenience.

How to arrange a comfortable life in SNT

Two ways.

Or give leverage: legalize the right of the SNT board to turn off the light for non-payers, fine violators, withdraw contributions from their bank account, seize property, that is, carry out the same actions as law enforcement agencies responsible for tax collection and public order.

Or remove collective responsibility from SNT and let each member be responsible only for himself.

The first option would work great. If members of the partnership were still allowed to choose a sheriff, and the sheriff to have a gun, perfect order would reign in the SNT. But this is an unconstitutional way, unfortunately. Therefore, we do not consider it.

The second option remains. It is also effective, which is confirmed by the experience of some SNTs in the Moscow region.

Like everyone else, their electrical networks and transformers were owned by the partnership. They donated this common property to the balance sheet of the energy supply company.

The company entered into direct contracts for electricity with members of the SNT. And now they have the same system as in the city.

Each member receives a payment, accrued according to the testimony of his counter, which he himself handed over. And he pays for himself. And more - for no one. The company deals with non-payers: they come, they turn it off. This no longer concerns other members of the SNT, and such a disaster as before - when at the end of the year it was discovered that the partnership had a debt for electricity of 400 thousand rubles, God, where to get them? - doesn't happen anymore.

In the same way, some SNTs have set up garbage collection. Members of the partnership switched to direct contracts with companies that deal with this.

If the family is large and there is a lot of garbage, an agreement is made so that it is taken away, say, three times a week. The schedule is known, the bags are placed in advance near the gate to the street, the car arrives and takes away. And if there is not enough garbage, you can save it on the site and take it out once a week, then the contract will be cheaper.

All in fairness. Everyone pays for himself. Everyone is responsible for their own garbage. And no general dumps, dirt, stench and abuse.

The direction in which SNT needs to move in order to establish a reasonable and comfortable life in itself is clearly visible.

It is necessary to switch to individual calculations for everything that is possible, and to reduce the zone of collective responsibility.

But the authorities near Moscow are planning just the opposite.

On the contrary, they intend to increase collective responsibility, for which SNT has neither levers, nor tools, nor opportunities.

How to bury SNT

The Moscow Regional Duma has developed a Summer Resident's Charter - a set of rules that must be observed in gardening and dacha partnerships.

The Charter is very beautifully painted, how and what should be.

“The entrance to the territory of SNT (DNT) is equipped with a gate or a barrier with an electromechanical drive or manually opened, as well as outdoor lighting. The minimum illumination in the horizontal plane at the entrance gate must be at least 1 lux. The height of outdoor lighting fixtures should be at least 2.5 meters.

“Internal driveways of SNT (DNT) must be kept clean and have a hard surface (reinforced concrete, concrete, asphalt concrete or crushed stone), and also be illuminated at night with outdoor lighting.”

“At the main entrance to the territory of the SNT (DNT) should be installed: an information sign with the name of the horticultural (dacha) association; information stand, with the obligatory placement of a schematic plan of SNT (DNT).

“The territory of SNT (DNT) should be fenced around the perimeter. Deviation of the fence from the vertical is not allowed. Further operation of dilapidated and emergency fencing, as well as individual fencing elements, is prohibited without urgent repair. Elements of wood fencing should not have burrs, flakes, chips with sharp ends or edges on the surface, as well as the presence of rough surfaces that can cause injury. The presence of rotting of the base of wooden supports is not allowed.

“At the entrance to the territory of SNT (DNT), sites for the installation of garbage collectors are placed. The site must have a fence on three sides with a height of at least 1.5 meters, an asphalt or concrete pavement with a slope towards the carriageway, an access road with a hard surface. A garbage collection schedule should be posted at the container site, indicating the name and contact numbers of the organization carrying out the removal. SNT (DNT) is obliged to ensure regular garbage collection in accordance with the agreements concluded with organizations that carry out garbage collection and disposal in accordance with the approved average annual waste accumulation rates.

These are just a few paragraphs of the Charter. And not even completely. But it is already clear that they are all very beautiful and useful. However, very costly.

Funds for their implementation, according to the plan of the Moscow Region authorities, should be given by members of the SNT. The very members who don't pay contributions of 3,000 rubles and "they don't need a road," but let the neighbors pay for the light they've lit.

Moreover, in the Charter of the summer resident there are points that cannot always be fulfilled even with the means.

For example: “The distance from a residential building (or house) and a cellar to a latrine should be at least 12 meters, and from a well or other water device to a latrine and a composting device, at least 8 meters.”

Try to organize such "distances" on six acres, part of which is also occupied by a house, garden, garden, gazebo.

The drafters of the Charter did not seem to think that there could be such small areas in the SNT.

Formulating their "requirements", they represented the prestigious cottage settlements in which they themselves live: large plots, expensive houses, rich owners... Therefore, they did not get a Summer Resident's Charter, but something impossible and essentially mocking.

Nevertheless, in April the Charter was already approved by some murky forum of dacha owners in power. After the May holidays, the text will be sent to all SNTs of the Moscow region, so that summer residents will read and put forward proposals.

“The Charter is a document that we will polish for a year or two in order to adopt the law of the Moscow Region on summer residents and gardeners. This will be the first regional law that will regulate the activities and lives of our summer residents and gardeners,” explained the initiators of the law.

If the Charter really becomes a law, garden and dacha partnerships will come to an end. This is perfectly clear.

They will not be able to fulfill the requirements prescribed in it. Admtekhnadzor will come and impose fines. Judging by the information on the Internet, they will be predatory - up to 500 thousand rubles. In addition, the chairmen will be fined separately - 50,000 for each “jamb”.

Individual fines for summer residents are also provided. Along the fence from the side of the street, the grass was not mowed - 2 thousand. Rubbish was burned in his area - 5 thousand.

But if individual fines can still be paid, then no one will definitely pull the collective fines.

This means that, on account of the debt, the bailiffs will take away the property of the SNT - public land, and the SNT themselves, obviously, will go bankrupt and appoint management companies with such tariffs that summer residents will generally stop going to summer cottages.

In short, now is bad, but it will be even worse.

And all the Moscow region authorities came up with this.

In the Charter of the summer resident, they painted what and how should be in the SNT. But summer residents themselves know this very well. Everyone wants the SNT to be clean, beautiful, comfortable, light, warm and quiet. The authorities do not need to paint all this, but to figure out why this does not work out. And figure out how to make it work.

The price of new requirements for SNT

There are approximately 11,000 SNTs and 3 million summer residents in the Moscow Region.

On average, there are about 300 sites in the SNT, although there are small ones - 30 sites each, and giant ones - where there are more than 1000 of them.

To imagine how much it will cost to comply with the requirements of the Charter of Summer Residents, we made a rough estimate for an SNT with 360 plots. The chairman of this SNT, who served two terms, helped us, but when he saw the Charter of a summer resident the other day, he gasped and hurried to leave his post.

Requirement 1. All internal driveways in SNT must be paved.

The most economical option for a hard surface is asphalt crumb. A square meter of the road costs 550 rubles. First comes a grader, then a skating rink, then 25 cm - crushed stone dumping, again a skating rink, 8-10 cm of asphalt crumb, again a skating rink, a layer of bitumen.

For example, we take the central street SNT 4 m wide, 900 m long. To make such a coating on it, you need 2 million rubles.

If you also do all the passages - 12 million.

Together with a hard surface, it is imperative to do a “storm drain” - ditches along the roadsides to divert water, otherwise, after each rain, the sections will sink. The cost of storm water will cost the cost of the road itself, i.e. another 12 million

Requirement 2. Fencing around the perimeter of the entire SNT.

The perimeter of the SNT with 360 sites is approximately 4 km. A running meter of planed boards now costs at least 500 rubles. This means that 4 million are needed for the material. Plus, another 2 million for the poles. It already turns out 6 million and plus the same amount for the work. Only 12 million

Requirement 3. Barrier with electromechanical control - in the region of 100 thousand km.

Requirement 4. Garbage dump on a concreted area, fenced on three sides - 150-200 thousand.

Requirement 5. Information boards at the entrance and at the garbage heap - 30-50 thousand.

Total: SNT with 360 plots has to spend approximately 30 million rubles to meet the requirements set out in the Summer Resident's Charter, which will become law in a year and a half to two years.

This means that approximately 82,000 rubles should be collected from each site.

We multiply by 3 million summer residents and we see that the arrangement of all SNTs in the Moscow Region in accordance with the requirements of the new law will cost the owners of plots about 246 billion rubles.

An astronomical, absolutely unreal amount that people do not have and cannot have.

For reference: the entire revenue part of the budget of the Moscow Region for 2016 is 371 billion rubles. 117 billion will be spent on education, 72 billion on health care, 59 billion on social security, 52 billion on roads, and only 4 billion on culture.