Not valid Editorial from 15.04.1998
| Name of document | FEDERAL LAW of April 15, 1998 N 66-FZ "ON GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" |
| Document type | law |
| Receiving authority | President of the Russian Federation, State Duma of the Russian Federation, Siberian Federation of the Russian Federation |
| Document number | 66-FZ |
| Acceptance date | 01.01.1970 |
| Revision date | 15.04.1998 |
| Date of registration with the Ministry of Justice | 01.01.1970 |
| Status | doesn't work |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW of April 15, 1998 N 66-FZ "ON GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS"
Accepted
State Duma
March 11, 1998
Approved
Federation Council
April 1, 1998
Chapter I. General provisions
For the purposes of this Federal Law, the following basic concepts are used:
garden plot of land - a plot of land provided to a citizen or acquired by him for growing fruit, berries, vegetables, melons or other agricultural crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures) ;
garden plot of land - a plot of land provided to a citizen or acquired by him for growing berries, vegetables, melons or other agricultural crops and potatoes (with or without the right to erect a non-permanent residential building and economic buildings and structures, depending on the permitted use of the land plot, determined by zoning of the territory);
dacha land plot - a plot of land provided to a citizen or acquired by him for recreational purposes (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and economic buildings and structures, as well as with the right to grow fruit and berries , vegetables, melons or other agricultural crops and potatoes);
horticultural, vegetable gardening or dacha non-profit association of citizens (gardening, vegetable gardening or dacha non-profit partnership, horticultural, vegetable gardening or dacha consumer cooperative, horticultural, vegetable gardening or dacha non-profit partnership) - a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social problems -economic tasks of gardening, vegetable farming and dacha farming(hereinafter referred to as a horticultural, gardening or dacha non-profit association);
entrance fees - cash contributed by members of a horticultural, gardening or dacha non-profit association for organizational expenses for documentation;
membership fees - funds periodically contributed by members of a horticultural, gardening or dacha non-profit association to pay for the labor of employees who have entered into employment contracts with such a merger, and other operating expenses of such a merger;
targeted contributions - funds contributed by members of a horticultural, gardening or dacha non-profit partnership or a horticultural, gardening or dacha non-profit partnership for the acquisition (creation) of public facilities;
share contributions - property contributions made by members of a horticultural, market gardening or dacha consumer cooperative for the acquisition (creation) of common use property;
additional contributions - funds contributed by members of a horticultural, gardening or dacha consumer cooperative to cover losses incurred during the implementation of activities approved by the general meeting of members of the consumer cooperative.
1. This Federal Law uses the norms of other branches of law, comprehensively regulates the relations arising in connection with the conduct of gardening, vegetable farming and dacha farming by citizens, and establishes the legal status of horticultural, gardening and dacha non-profit associations, the procedure for their creation, activities, reorganization and liquidation, rights and obligations of their members.
Land relations arising in connection with the creation of horticultural, gardening or dacha non-profit associations, as well as in connection with the activities of such associations, are regulated by this Federal Law to the extent that they are not regulated by law Russian Federation.
2. This Federal Law applies to all horticultural, vegetable gardening and dacha non-profit associations created on the territory of the Russian Federation, as well as to previously created horticultural, vegetable gardening and dacha partnerships and horticultural, vegetable gardening and dacha cooperatives.
Legal regulation gardening, gardening and dacha farming by citizens is carried out in accordance with the Constitution of the Russian Federation, civil, land, town planning, administrative, criminal and other legislation of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation, as well as laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of bodies local government.
Chapter II. FORMS OF GARDENING, VEGETABLE GROWING AND COUNTRY HOUSING BY CITIZENS1. Citizens, in order to exercise their rights to receive garden, garden or country land plots, ownership, use and disposal of these land plots, as well as in order to meet the needs associated with the implementation of such rights, may create horticultural, vegetable gardening or dacha non-profit partnerships, horticultural, vegetable gardening or dacha consumer cooperatives or horticultural, vegetable gardening or dacha non-profit partnerships.
2. In a gardening, vegetable gardening or dacha non-profit partnership, common use property acquired or created by such a partnership at the expense of targeted contributions is the joint property of its members. General use property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, gardening or dacha non-profit partnership is the property of such a partnership as a legal entity. The special fund consists of entrance and membership fees of members of such a partnership, income from its economic activity, as well as funds provided to a horticultural, gardening or dacha non-profit partnership in accordance with Articles 35, 36 and 38 of this Federal Law, other income. The funds of the special fund are spent for purposes consistent with the tasks provided for by the charter of such a partnership.
Members of a gardening, gardening or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
3. Members of a horticultural, gardening or dacha consumer cooperative, through the pooling of share contributions, create property for common use, which is owned by such a cooperative as a legal entity. Part of the said property may be allocated to an indivisible fund.
Members of a horticultural, gardening or dacha consumer cooperative are required to annually cover the resulting losses by making additional contributions, as well as bear subsidiary liability for the obligations of such a cooperative within the limits of the unpaid portion of the additional contribution of each member of such a cooperative.
4. In a gardening, vegetable gardening or dacha non-profit partnership, common property acquired or created by such a partnership with contributions from its members is the property of the gardening, vegetable gardening or dacha non-profit partnership as a legal entity.
Members of a horticultural, gardening or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
1. A gardening, vegetable gardening or dacha non-profit association has a name containing an indication of its organizational and legal form and the nature of its activities and, accordingly, the words “non-profit partnership”, “consumer cooperative”, “non-profit partnership”.
2. The location of a horticultural, gardening or dacha non-profit association is determined by its location state registration unless, in accordance with the law, the charter of such an association provides otherwise.
1. A gardening, vegetable gardening or dacha non-profit association, as a non-profit organization, has the right to carry out business activities consistent with the goals for which it was created.
2. A gardening, vegetable gardening or dacha non-profit association is considered created from the moment of its state registration, has separate property in its ownership, an income and expenditure estimate, a seal with the full name of such an association in Russian or in Russian and state language the corresponding republic.
3. A gardening, vegetable gardening or dacha non-profit association has the right, in the prescribed manner, to open bank accounts on the territory of the Russian Federation, to have stamps and forms with its name, as well as a duly registered emblem.
A gardening, vegetable gardening or dacha non-profit association, in accordance with civil law, has the right to:
carry out actions necessary to achieve the goals provided for by this Federal Law and the charter of such an association;
be liable for your obligations with your property;
on its own behalf, acquire and exercise property and non-property rights;
attract borrowed funds;
conclude contracts;
act as plaintiff and defendant in court;
apply to a court or arbitration court to invalidate (in whole or in part) acts of authorities state power, acts of local government bodies or violations by officials of the rights and legitimate interests of a horticultural, gardening or dacha non-profit association;
create associations (unions) of horticultural, gardening or dacha non-profit associations;
exercise other powers that do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
1. Citizens have the right to conduct gardening, gardening or summer cottage farming in individually.
2. Citizens engaged in gardening, vegetable gardening or dacha farming individually on the territory of a horticultural, vegetable gardening or dacha non-profit association have the right to use infrastructure facilities and other common property of the horticultural, vegetable gardening or dacha non-profit association for a fee under the terms of agreements concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, gardening or dacha non-profit association.
In case of failure to pay the fees established by the agreements for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association based on a decision of the board of such an association or the general meeting of its members, citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use the facilities infrastructure and other common property of a horticultural, gardening or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association are recovered in court.
Citizens engaged in gardening, gardening or dacha farming individually on the territory of a horticultural, vegetable gardening or dacha non-profit association may appeal to the court the decisions of the board of a horticultural, vegetable gardening or dacha non-profit association or the general meeting of its members on the refusal to conclude agreements on the use of infrastructure facilities and other common property of such association.
The amount of payment for the use of infrastructure facilities and other common property of a horticultural, gardening or dacha non-profit association for citizens engaged in gardening, horticulture or dacha farming on an individual basis, provided they make contributions for the acquisition (creation) of said property, cannot exceed the amount of payment for use of the specified property for members of such an association.
1. Gardening, gardening and dacha non-profit associations can create local and inter-district associations (unions).
Decisions on participation by horticultural and interdistrict associations (unions).
Decisions on the participation of horticultural, gardening and dacha non-profit associations in a local or inter-district association (union) are made by general meetings of members of such associations.
Draft constituent agreements and draft charters of local or interdistrict associations (unions) are approved by general meetings of members of horticultural, gardening and dacha non-profit associations and signed by the chairmen of the boards of such associations.
2. Local and interdistrict associations (unions) have the right to create regional (territorial, regional, republican, district) associations (unions).
Decisions on the participation of local and interdistrict associations (unions) in regional associations (unions) are made at conferences of delegates of horticultural, gardening and dacha non-profit associations - members of local (interdistrict) associations (unions).
Draft constituent agreements and draft charters of regional associations (unions) are approved at conferences of delegates of horticultural, gardening and dacha non-profit associations - members of local (inter-district) associations (unions) and signed by the chairmen of the boards of local and inter-district associations (unions).
3. Regional associations (unions) can create a federal association (union).
Decisions on the participation of regional associations (unions) in the federal association (union) are made at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions).
The draft constituent agreement and the draft charter of the federal association (union) are approved at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions) and signed by the chairmen of the boards of regional associations (unions).
4. Local, interdistrict, regional (territorial, regional, republican, district) and federal associations (unions) are created for the purpose of coordinating the activities, representing and protecting the interests of horticultural, gardening and dacha non-profit associations in relations with government bodies, local governments, public and other organizations, as well as for the purpose of providing information, legal and other services in the field of gardening, vegetable gardening and summer cottage farming.
5. Local, interdistrict, regional and federal associations (unions) are non-profit organizations.
6. A member of an association (union) retains his independence and the right of a legal entity.
7. The name of the association (union) must contain an indication of the main purpose of the activities of its members and the word “association” (“union”).
8. Financing of the activities of the governing bodies of the association (union) is carried out through contributions from their founders.
9. An association (union) of gardening, gardening or dacha non-profit associations is not liable for the obligations of its members, and members of such an association (union) bear subsidiary liability for its obligations in the amount and in the manner established by the constituent documents of such an association (union).
10. An association (union) of horticultural, gardening or dacha non-profit associations has the right to participate in the activities international organizations gardeners, gardeners and summer residents in the manner established by these organizations.
11. The procedure for the creation, reorganization or liquidation of an association (union) of horticultural, gardening or dacha non-profit associations, the composition and competence of its management bodies, as well as the activities of such an association (union) are regulated by the Federal Law “On Non-Profit Organizations”, the Federal Law “On Public associations", other federal laws, the constituent agreement and the charter of the association (union).
12. A local, interdistrict or regional association (union) of horticultural, gardening or dacha non-profit associations may be granted by a decision of the founding conference the right to audit the economic and financial activities of such associations with the presentation of the results of the audit to the boards of horticultural, gardening or dacha non-profit associations and general meetings of their members.
1. Gardening, gardening and dacha non-profit associations and associations (unions) of such associations have the right to open their representative offices on the territory of the Russian Federation. Representative offices can be opened at organizations that produce or sell planting material for agricultural crops, fertilizers, means of protecting crops from pests and diseases, building materials, agricultural machinery and equipment, agricultural and other products.
2. The representative office of a horticultural, gardening or dacha non-profit association or association (union) of such associations is a separate division located outside the location of the horticultural, gardening or dacha non-profit association or association (union) of such associations, representing their interests and protecting them.
3. The representative office of a horticultural, gardening or dacha non-profit association or association (union) of such associations is not a legal entity, is endowed with the property of the horticultural, gardening or dacha non-profit association or association (union) of such associations that created it and operates on the basis approved by such association or association ( union) provisions. The property of the said representative office is under its operational management and is accounted for on a separate balance sheet and the balance sheet of the horticultural, gardening or dacha non-profit association or association (union) of such associations that created it.
4. The representative office of a horticultural, gardening or dacha non-profit association or association (union) of such associations carries out activities on behalf of the association or association (union) of such associations that created it. Responsibility for the activities of the representative office lies with the horticultural, gardening or dacha non-profit association or association (union) of such associations that created it.
The head of the representative office is appointed by a horticultural, gardening or dacha non-profit association or association (union) of such associations and acts on the basis of a power of attorney issued by such an association or association (union).
1. Gardeners, vegetable gardeners and summer residents have the right to create mutual lending funds, rental funds, and other funds in the manner established Civil Code Russian Federation.
2. Mutual lending funds are created for the purpose of providing loans for the construction and repair of residential buildings, residential buildings, outbuildings and structures, improvement of garden, vegetable and dacha land plots. Loans are issued only to the founders of a mutual lending fund.
The Mutual Lending Fund operates on the basis of the charter approved by the founders.
The charter of a mutual lending fund, in addition to the information specified in articles of the Civil Code of the Russian Federation, must contain:
information about the amount of the founder’s contribution;
information about lending objects;
the order of priority for granting a loan;
rules for conducting cash transactions;
list of officials authorized to conduct cash transactions;
procedure for monitoring compliance cash discipline and liability for its violation;
the procedure for auditing the mutual lending fund;
information about the banks that hold mutual fund cash.
3. Rental funds are created by gardeners, gardeners and summer residents in order to provide the founders of gardening, vegetable gardening and dacha non-profit associations with modern means of production used in the construction and repair of residential buildings, residential buildings, outbuildings and structures, improvement and processing of garden, vegetable and dacha land plots.
The rental fund operates on the basis of the charter approved by the founders.
The charter of the rental fund, in addition to the information specified in Articles 52 and 118 of the Civil Code of the Russian Federation, must contain:
information about the amount of the founder’s target contribution;
a list of means of production purchased for the rental stock;
the procedure for providing gardeners, market gardeners and summer residents with means of production for temporary use;
list of officials responsible for organizing the work of the rental fund.
Chapter III. ZONING OF THE TERRITORY AND PROVISION OF GARDEN, VEGETABLE AND HOLIDAY LAND PLOTS1. When zoning a territory, zones are determined that are most favorable for the development of horticulture, market gardening and summer cottage farming based on natural and economic conditions, as well as based on the costs of developing inter-settlement social and engineering and transport infrastructures and in which the establishment of minimal restrictions on the use of land is ensured plots.
2. Zoning schemes for territories for the placement of horticultural, gardening and dacha non-profit associations must contain information about the location, area and intended purpose of land plots (gardening, market gardening, dacha farming), the permitted use of land plots (list of restrictions, encumbrances and easements) , as well as information about the rights under which land plots in a specific zone can be provided to citizens (ownership rights, lifelong inheritable ownership, permanent (perpetual) use, lease or fixed-term use).
This scheme serves as the basis for determining the volume of construction of access roads, power supply and communications facilities, as well as for the development of public transport, trade, medical and consumer services population.
3. The customers of zoning schemes for territories for the placement of horticultural, gardening and dacha non-profit associations are government bodies of the constituent entities of the Russian Federation and local government bodies. The development of these schemes is financed from part of land tax, entering the budgets of the constituent entities of the Russian Federation and local budgets.
4. The basic principles for the development of zoning schemes for territories for the placement of horticultural, gardening and dacha non-profit associations are determined by the executive authorities of the constituent entities of the Russian Federation.
1. Providing citizens with garden, vegetable and dacha land plots is the responsibility of local governments at the place of residence of citizens.
2. Registration and accounting of applications of citizens who need to obtain garden, vegetable or dacha land plots are carried out separately by local government bodies. The order of provision of garden, vegetable or dacha land plots is determined based on the registration of relevant applications.
Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, have a preferential right to receive garden, vegetable or dacha land plots, are included in a separate list.
Lists of citizens who have submitted an application for the provision of a garden, vegetable or dacha land plot, and changes in these lists are approved by the local government and brought to the attention of interested citizens.
3. The presence of a citizen on the right of ownership, lifelong inheritable possession or perpetual (permanent) use of a garden, vegetable or dacha land plot is grounds for refusal to provide such a plot if the provision will lead to exceeding the established limit standards provision of land plots or if a citizen has made a transaction to alienate a previously provided free land plot.
A citizen has the right to appeal in court the decision to refuse to provide a land plot.
4. The local government body, on the basis of an approved list of citizens who have submitted an application for the provision of a garden, vegetable or dacha land plot, determines the needs for garden, vegetable or dacha land plots. The calculation is made based on the established norms for the provision of land plots, taking into account the necessary public land in horticultural, gardening or dacha non-profit associations.
5. The size of a garden, vegetable or dacha land plot is established by laws and other regulatory legal acts of the constituent entities of the Russian Federation, taking into account the maximum norms for the provision of land plots established by federal laws and other regulatory legal acts of the Russian Federation for citizens of certain categories.
1. The local government body at the place of residence of the applicants, in accordance with the need for land plots and taking into account the wishes of citizens, petitions the local government body or the executive body of the constituent entity of the Russian Federation, which is in charge of the land redistribution fund, for the selection (preliminary approval) of the appropriate land plots plots.
2. The body in charge of the land redistribution fund, taking into account the zoning schemes for territories for the placement of horticultural, gardening and dacha non-profit associations, offers options for the provision of land plots or gives an opinion on the impossibility of providing land plots.
3. Based on the chosen option for the placement of land plots and their size, the local government body, taking into account the wishes of citizens and with their consent, forms the personal composition of members of the horticultural, gardening or dacha non-profit association.
4. After the state registration of a horticultural, gardening or dacha non-profit association, such an association is provided with a plot of land free of charge, initially for short-term use. After approval of the project for the organization and development of the territory of such an association and the implementation of this project, members of a horticultural, gardening or dacha non-profit association are provided with land plots in ownership or under other property rights. When transferred for a fee, the land plot is initially provided for the joint ownership of the members of such an association, with the subsequent provision of land plots into the ownership of each member of the horticultural, gardening or dacha non-profit association.
Public lands are provided to a horticultural, vegetable gardening or dacha non-profit association as a legal entity in ownership or under other proprietary rights.
The general meeting of members of a gardening non-profit association has the right to decide to assign to such an association as a legal entity all the land plots allocated to it.
5. Gardening, vegetable gardening and dacha non-profit associations formed in accordance with departmental affiliation or another principle are provided with land plots in the manner established by paragraph 4 of this article.
6. For the provision of garden, vegetable and dacha land plots into ownership, a fee may be charged in the manner established by law subjects of the Russian Federation, but not higher than the standard price of land plots, with the exception of cases of sale of land plots at auction. When providing land plots under a different proprietary right, no fee is charged.
1. On the territory of a municipal formation, in accordance with the legislation, zones may be allocated in which garden, vegetable and dacha land plots are not provided or the rights to use them are limited (specially protected natural areas, areas with registered mineral deposits, especially valuable agricultural land, reserve territories for the development of urban and other settlements, territories with developed karst, landslide, mudflow and other natural processes that pose a threat to the life or health of citizens, a threat to the safety of their property).
2. When creating a horticultural, gardening or dacha non-profit association, a member of such an association is provided with one plot of land.
Chapter IV. CREATION OF GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS OF MEMBERS OF GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS1. A gardening, vegetable gardening or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or as a result of the reorganization of a gardening, vegetable gardening or dacha non-profit association.
2. The number of members of a gardening, gardening or dacha non-profit association must be at least three people.
3. The constituent document of a horticultural, gardening or dacha non-profit association is the charter approved by the general meeting of the founders of the non-profit association.
4. The charter of a horticultural, gardening or dacha non-profit association must indicate:
organizational and legal form;
name and location;
subject and goals of activity;
the procedure for admission to membership of such an association and withdrawal from it;
the rights and obligations of such an association;
rights, duties and responsibilities of members of such an association;
the procedure for making entrance, membership, target, share and additional contributions and the responsibility of members of such an association for violation of obligations to make these contributions;
the procedure for the participation of a member of such an association in work performed collectively on the basis of a decision of the general meeting of members of such an association or a meeting of authorized representatives or on the basis of a decision of the board of such an association;
the structure and procedure for the formation of management bodies of such an association, their competence, the procedure for organizing activities;
composition and competence of the control bodies of such an association;
the procedure for forming the property of such an association and the procedure for paying the cost of part of the property or issuing part of the property in kind in the event of a citizen leaving the membership of such an association or the liquidation of such an association;
terms of remuneration for employees who have entered into employment contracts with such an association;
the procedure for changing the charter of such an association;
the grounds and procedure for expulsion from members of such an association and the application of other sanctions for violation of the charter or internal rules of such an association;
the procedure for reorganization and the procedure for liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, gardening or dacha non-profit associations, the procedure for opening its representative office.
The charter of a horticultural, gardening or dacha consumer cooperative also specifies the responsibility of the members of such a cooperative for its debts.
The charter of a horticultural, gardening or dacha non-profit partnership also specifies the procedure for the formation of a special fund, which is the property of such a partnership.
5. The provisions of the charter of a horticultural, gardening or dacha non-profit association cannot contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
6. Decisions of the governing bodies of a horticultural, gardening or dacha non-profit association cannot contradict its charter.
1. State registration of a horticultural, gardening or dacha non-profit association is carried out by the justice authorities in the manner prescribed by federal law.
2. For the state registration of a horticultural, gardening or dacha non-profit association, its founders submit to the justice body an application for state registration of such an association, a decision of its founders, a charter approved by the general meeting of the founders of such an association, a document confirming payment of the registration fee, as well as documents certifying the rights to land plots of reorganized horticultural, gardening or dacha non-profit associations, or documents on the preliminary selection of a land plot for the location of the established association.
3. State registration of a horticultural, gardening or dacha non-profit association must be carried out no later than thirty days after the date of submission to the justice authority of an application for state registration of such an association and the necessary documents.
4. State registration of a horticultural, gardening or dacha non-profit association may be denied in case of violation of the procedure for creating such an association established by this Federal Law or in case of non-compliance of its constituent document with the law.
Refusal of state registration of a horticultural, gardening or dacha non-profit association based on the inexpediency of its creation is not permitted.
Refusal to state registration of a horticultural, gardening or dacha non-profit association, as well as evasion of such registration may be appealed in court.
5. The decision of the body carrying out state registration of legal entities on the state registration of a horticultural, gardening or dacha non-profit association within seven days from the date of adoption of this decision is sent to the address of such an association specified in the application for state registration of such an association, or to another specified by it address or handed over to the person named in the application against receipt.
1. Citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership (partnership) may be members of a gardening, vegetable gardening or dacha non-profit partnership (gardening, vegetable gardening or dacha non-profit partnership).
Citizens of the Russian Federation who have reached the age of sixteen and have land plots within the boundaries of such a cooperative can be members of a horticultural, gardening or dacha consumer cooperative.
2. In accordance with civil law, heirs of members of a gardening, vegetable gardening or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of donation or other transactions with land plots.
3. Foreign citizens and stateless persons can become members of horticultural, gardening or dacha non-profit associations if land plots are provided to them on a lease or fixed-term basis.
4. The founders of a horticultural, gardening or dacha non-profit association are considered accepted as members of such an association from the moment of its state registration. Other persons joining such an association are accepted into its membership by the general meeting of members of the horticultural, gardening or dacha non-profit association.
5. Within three months from the date of admission to membership, the board of such an association must issue a membership book or other document replacing it to each member of a gardening, vegetable gardening or dacha non-profit association.
1. A member of a horticultural, gardening or dacha non-profit association has the right:
1) elect and be elected to the governing bodies of such an association and its control body;
2) receive information about the activities of the management bodies of such an association and its control body;
3) independently manage their land plot in accordance with its permitted use;
4) carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of residential buildings, utility buildings and structures - on a garden plot of land; residential building or residential building, outbuildings and structures - on a dacha plot of land; non-permanent residential buildings, utility buildings and structures - on a garden plot of land;
5) dispose of their land plot and other property in cases where they are not withdrawn from circulation or limited in circulation on the basis of the law;
6) when alienating a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of the common property in the gardening, vegetable gardening or dacha non-profit partnership in the amount of targeted contributions; a property share in the amount of the share contribution, with the exception of that part that is included in the indivisible fund of a horticultural, gardening or dacha consumer cooperative; buildings, structures, structures, fruit crops;
7) upon liquidation of a horticultural, gardening or dacha non-profit association, receive the due share of the common property;
8) apply to the court to invalidate decisions of the general meeting of members of a horticultural, gardening or dacha non-profit association or a meeting of authorized representatives, as well as decisions of the board and other bodies of such an association that violate his rights and legitimate interests;
9) voluntarily leave a horticultural, gardening or dacha non-profit association while simultaneously concluding with such association an agreement on the procedure for the use and operation of utility networks, roads and other public property;
10) carry out other actions not prohibited by law.
2. A member of a horticultural, gardening or dacha non-profit association is obliged to:
1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;
2) bear subsidiary liability for the obligations of a horticultural, gardening or dacha consumer cooperative within the limits of the unpaid portion of the additional contribution of each member of such a cooperative;
3) use the land plot in accordance with its intended purpose and permitted use, without causing damage to the land as a natural and economic object;
4) not violate the rights of members of such an association;
5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;
6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;
7) develop the land plot within three years, unless another period is established by land legislation;
8) comply with urban planning, construction, environmental, sanitary and hygienic, fire safety and other requirements (norms, rules and regulations);
9) participate in events held by such an association;
10) participate in general meetings of members of such an association;
11) implement the decisions of the general meeting of members of such an association or meeting of authorized representatives and the decisions of the board of such an association;
12) comply with other requirements established by laws and the charter of such an association.
Chapter V. MANAGEMENT OF GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS1. The governing bodies of a horticultural, gardening or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.
2. A gardening, vegetable gardening or dacha non-profit association has the right to hold a general meeting of its members in the form of a meeting of authorized representatives. The number and procedure for electing authorized representatives are established by the charter of such an association.
1. The competence of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized persons) includes the following issues:
1) introducing amendments to the charter of such an association and additions to the charter or approval of the charter in a new edition;
2) admission to membership of such an association and exclusion from its members;
3) determination of the quantitative composition of the board of such an association, election of members of its board and early termination of their powers;
4) election of the chairman of the board and early termination of his powers, unless otherwise established by the charter of such an association;
5) election of members of the audit commission (auditor) of such an association and early termination of their powers;
6) election of members of the commission for monitoring compliance with legislation and early termination of their powers;
7) making decisions on the organization of representative offices, a mutual lending fund, a rental fund of such an association, on its entry into associations (unions) of horticultural, gardening or dacha non-profit associations;
8) approval of the internal regulations of such an association, including the conduct of the general meeting of members of such an association (meeting of authorized representatives); the activities of his board; work of the audit commission (auditor); work of the commission to monitor compliance with legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; internal regulations of such association;
9) making decisions on the reorganization or liquidation of such an association, appointing a liquidation commission, as well as approving interim and final liquidation balance sheets;
10) making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as establishing the size trust funds and related contributions;
11) establishing the amount of penalties for late payment of contributions, changing the deadlines for making contributions by low-income members of such an association;
12) approval of the income and expense estimate of such an association and making decisions on its implementation;
13) consideration of complaints against decisions and actions of members of the board, chairman of the board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials of the mutual lending fund and officials of the rental fund;
14) approval of reports of the board, audit commission (auditor), commission for monitoring compliance with legislation, mutual lending fund, rental fund;
15) encouragement of members of the board, audit commission (auditor), commission for monitoring compliance with legislation, mutual lending fund, rental fund and members of such an association.
2. The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (meeting of authorized representatives) is held by decision of its board, the request of the audit commission (auditor) of such an association, as well as at the proposal of a local government body or at least one fifth total number members of such an association.
Notification of members of a horticultural, gardening or dacha non-profit association about the holding of a general meeting of its members (meeting of authorized representatives) can be carried out in writing (post cards, letters), through appropriate messages in the means mass media, as well as by placing relevant announcements on information boards located on the territory of such an association, unless its charter establishes a different notification procedure. Notification of a general meeting of members of such an association (meeting of authorized representatives) is sent no later than two weeks before the date of its holding. The notice of a general meeting of members of such an association (meeting of authorized representatives) must indicate the content of the issues to be discussed.
A general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is valid if more than fifty percent of the members of such an association (at least fifty percent of authorized representatives) are present at the said meeting. A member of such an association has the right to participate in voting personally or through his authorized representative, whose powers must be formalized by a power of attorney certified by the chairman of such an association.
The chairman of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is elected by a simple majority of votes of the members of such an association present at the general meeting.
Decisions on making changes to the charter of such an association and additions to its charter or on approving the charter in a new edition, expulsion from members of such an association, on its liquidation and (or) reorganization, appointing a liquidation commission and on approving interim and final liquidation balance sheets are adopted by the general meeting members of such an association (meeting of authorized representatives) by a two-thirds majority vote.
Other decisions of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) are adopted by a simple majority of votes.
Decisions of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner established by the charter of such an association.
A member of a gardening, vegetable gardening or dacha non-profit association has the right to appeal to the court a decision of the general meeting of its members (meeting of authorized representatives) or a decision of the governing body of such an association that violates the rights and legitimate interests of a member of such an association.
1. The board of a horticultural, gardening or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members of such an association (meeting of authorized representatives).
In its activities, the board of a horticultural, gardening or dacha non-profit association is guided by this Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies and the charter of such an association.
The board of a horticultural, gardening or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by the general meeting of members of such an association (meeting of authorized representatives), unless otherwise provided by the charter of such an association. The number of members of the board is established by the general meeting of members of such an association (meeting of authorized representatives).
The issue of early re-election of members of the board may be raised at the request of at least one third of the members of such an association.
2. Meetings of the board of a horticultural, gardening or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, as well as as necessary.
Meetings of the board are valid if at least two thirds of its members are present.
The decisions of the board of a horticultural, gardening or dacha non-profit association are binding on all members of such an association and its employees who have entered into employment contracts with such an association.
3. The competence of the board of a horticultural, gardening or dacha non-profit association includes:
1) practical implementation of decisions of the general meeting of members of such an association (meeting of authorized representatives);
2) operational management current activities such an association;
3) drawing up income and expense estimates and reports of such an association, submitting them for approval by the general meeting of its members (meeting of authorized representatives);
4) disposal of tangible and intangible assets of such an association to the extent necessary to ensure its current activities;
5) organizational and technical support for the activities of the general meeting of members of such an association (meeting of authorized representatives);
6) organization of accounting and reporting of such an association, preparation of an annual report and submission of it for approval by the general meeting of members of such an association (meeting of authorized persons);
7) organizing the protection of the property of such an association and the property of its members;
8) organizing insurance of the property of such an association and the property of its members;
9) organization of construction, repair and maintenance of buildings, structures, structures, utility networks, roads and other public facilities;
10) purchase and delivery of planting material, garden tools, fertilizers, pesticides;
11) ensuring the records management of such an association and maintaining its archive;
12) hiring persons into such an association under employment contracts, their dismissal, rewarding and imposing penalties on them, keeping records of employees;
13) control over the timely payment of entrance, membership, target, share and additional contributions;
14) carrying out transactions on behalf of such an association;
15) providing members of such an association with assistance in the free transfer of agricultural products to orphanages, boarding homes for the elderly and disabled, and preschool educational institutions;
16) implementation foreign economic activity such an association;
17) compliance by such an association with the legislation of the Russian Federation and the charter of such an association;
18) consideration of applications from members of such an association.
The board of a horticultural, gardening or dacha non-profit association, in accordance with the legislation of the Russian Federation and the charter of such an association, has the right to make decisions necessary to achieve the goals of the activities of such an association and ensure its normal operation, with the exception of decisions that relate to issues referred to by this Federal Law and the charter of such an association within the competence of the general meeting of its members (meeting of authorized representatives).
1. The board of a horticultural, gardening or dacha non-profit association is headed by the chairman of the board, elected from among the board members for a term of two years.
The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.
The chairman of the board, if he disagrees with the decision of the board, has the right to appeal this decision to the general meeting of members of such an association (meeting of authorized persons).
2. The chairman of the board of a horticultural, gardening or dacha non-profit association acts without a power of attorney on behalf of such an association, including:
1) presides at meetings of the board;
2) has the right of first signature on financial documents that, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of members of such an association (meeting of authorized representatives);
3) signs other documents on behalf of such an association and minutes of the board meeting;
4) on the basis of the decision of the board, concludes transactions and opens bank accounts of such an association;
5) issues powers of attorney, including with the right of substitution;
6) ensures the development and submission for approval to the general meeting of members of such an association (meeting of authorized representatives) of the internal regulations of such an association, regulations on the remuneration of workers who have entered into employment contracts with such an association;
7) carries out representation on behalf of such an association in government bodies, local government bodies, as well as in organizations;
8) considers applications from members of such an association.
The chairman of the board of a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, performs other duties necessary to ensure the normal operation of such an association, with the exception of the duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.
1. The chairman of the board of a horticultural, gardening or dacha non-profit association and members of its board, when exercising their rights and performing established duties, must act in the interests of such an association, exercise their rights and fulfill established duties in good faith and wisely.
2. The chairman of the board of a horticultural, gardening or dacha non-profit association and members of its board are liable to such an association for losses caused to such an association by their actions (inaction). In this case, members of the board who voted against the decision that resulted in causing losses to such association or who did not take part in the voting are not liable.
The chairman of the board and his members, if financial abuses or violations are identified, causing losses to such an association, may be subject to disciplinary, material, administrative or criminal liability in accordance with the law.
1. Control over the financial and economic activities of a horticultural, gardening or dacha non-profit association, including the activities of its chairman, members of the board and the board, is carried out by an audit commission (auditor), elected from among the members of such an association by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).
The work procedure of the audit commission (auditor) and its powers are regulated by the regulations on the audit commission (auditor), approved by the general meeting of members of such an association (meeting of authorized representatives).
The audit commission (auditor) is accountable to the general meeting of members of such an association. Re-elections of the audit commission (auditor) may be held early at the request of at least one quarter of the total number of members of such an association.
2. Members of the audit commission (auditor) of a horticultural, gardening or dacha non-profit association are responsible for improper fulfillment of the duties provided for by this Federal Law and the charter of such an association.
3. The audit commission (auditor) of a horticultural, gardening or dacha non-profit association is obliged to:
1) check the implementation by the board of such an association and the chairman of the board of decisions of general meetings of members of such an association (meetings of authorized persons), the legality of civil transactions made by the management bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;
2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one fifth of the total number of members of such an association or one third of the total number of members of its board;
3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized representatives) with the presentation of recommendations for eliminating the identified violations;
4) report to the general meeting of members of such an association (meeting of authorized representatives) about all identified violations in the activities of the management bodies of such an association;
5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications of members of such an association.
4. Based on the results of an audit, if a threat is created to the interests of a horticultural, gardening or dacha non-profit association and its members, or if abuses by members of the board of such an association and the chairman of the board are identified, the audit commission (auditor), within the limits of its powers, has the right to convene an extraordinary general meeting of members of such an association.
1. In order to prevent and eliminate pollution of surface and groundwater, soil and atmospheric air, household waste and wastewater, compliance with sanitary and other rules for the maintenance of public lands, garden, vegetable and summer cottage land plots and adjacent territories, ensuring compliance with the rules fire safety when operating stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as for the purpose of protecting monuments and objects of nature, history and culture, at a general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives), a commission of such an association may be elected to monitor compliance with the law, which operates under the leadership of the board of such an association.
2. The commission of a gardening, gardening or dacha non-profit association for monitoring compliance with legislation provides advisory assistance to members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forestry, water legislation, legislation on urban planning, sanitary and epidemiological welfare of the population, fire safety, draws up acts on violations of the law and submits such acts for action to the board of such an association, which has the right to submit them to government bodies monitoring compliance with the law.
State bodies monitoring compliance with legislation provide advisory and practical assistance to members of this commission and must review submitted reports of violations of legislation.
3. Members of the commission of a horticultural, gardening or dacha non-profit association for monitoring compliance with legislation in the prescribed manner may be appointed public inspectors government agencies exercising control over compliance with legislation and are vested with appropriate powers.
4. In a horticultural, gardening or dacha non-profit association, the number of members of which is less than thirty, a commission for monitoring compliance with legislation may not be elected; its functions in this case are assigned to one or more members of the board of such an association.
1. Minutes of general meetings of members of a horticultural, gardening or dacha non-profit association (meetings of authorized persons) are signed by the chairman and secretary of such a meeting; These protocols are certified by the seal of such an association and are stored in its files permanently.
2. Minutes of meetings of the board and the audit commission (auditor) of a horticultural, gardening or dacha non-profit association, the commission of such an association for monitoring compliance with legislation are signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the commission of such an association for control compliance with laws; These protocols are certified by the seal of such an association and are stored in its files permanently.
3. Copies of the minutes of general meetings of members of a horticultural, gardening or dacha non-profit association, meetings of the board, the audit commission (auditor) of such an association, the commission of such an association for monitoring compliance with legislation, certified extracts from these minutes are presented for review to members of such an association at their request, as well as the local government body on whose territory such an association is located, government authorities of the corresponding constituent entity of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.
Chapter VI. FEATURES OF PRIVATIZATION AND TURNOVER OF GARDEN, VEGETABLE AND HOLIDAY LAND PLOTS1. Gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations who have received land plots from state and municipal lands on the right of lifelong inheritable ownership, permanent (indefinite) use, lease or fixed-term use cannot be denied privatization of such land plots, with the exception of cases established by federal laws prohibiting the transfer of land plots to private ownership.
2. Privatization of garden, vegetable and dacha land plots can be carried out for a fee or free of charge in accordance with the laws and other regulatory legal acts of the Russian Federation and the laws and other regulatory legal acts of the constituent entities of the Russian Federation in the following sequence:
1) the general meeting of members of a gardening, gardening or dacha non-profit association (meeting of authorized representatives) makes a decision on the acquisition of rights to public land (the property of such an association as a legal entity, the common joint property of the members of such an association) and creates a commission to prepare materials for the privatization of gardening, garden and dacha land plots;
2) the commission for the preparation of materials for the privatization of garden, vegetable and dacha land plots organizes the collection of applications from members of a horticultural, vegetable gardening or dacha non-profit association for the privatization of garden, vegetable garden and dacha land plots and conducts it with the involvement, in accordance with the agreement, of a specialized land management organization or other relevant an appropriate license of a legal entity; an inventory of the lands of such an association;
3) a member of the relevant association in his application indicates on what right he wants to re-register a garden, vegetable or dacha land plot (the property of a citizen, common joint or common shared property of spouses), the actual area of such a plot in square meters, counter demands to its borders;
4) the commission for the preparation of materials for the privatization of garden, vegetable and dacha land plots gives a conclusion on the existence of counter-claims to the boundaries of garden, vegetable and dacha land plots from neighbors, a horticultural, vegetable gardening or dacha non-profit association and its proposal to resolve the dispute. If the dispute cannot be resolved in this way, it is considered in court;
5) the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or the board of such an association considers the prepared materials, the results of the inventory of the lands of such an association and decides on a petition to the relevant local government bodies to assign public lands to such an association, and garden , garden and dacha land plots - for specific citizens and their spouses;
6) in the event of a discrepancy between the actual area of garden, vegetable and dacha land plots and the area of these plots specified in the project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association, clarifications are made to this project, which, in agreement with the architecture and urban planning authorities and committees for land resources and land management are approved by the relevant local government body;
7) local government bodies have the right to demand from a horticultural, gardening or dacha non-profit association the minutes of the general meeting of its members (meeting of authorized persons), a list of members of such an association, their statements, passport details, a copy of the decision on land allocation (state act or certificate), a copy of the charter such an association, a project for the organization and development of the territory with clarifications and measurements of boundaries;
8) the decision of a local government body on the privatization of a garden, vegetable garden or dacha land plot is made within a month from the date of filing the relevant application and is the basis for issuing to a citizen and a horticultural, gardening or dacha non-profit association of certificates certifying their rights to the land;
9) members of a horticultural, gardening or dacha non-profit association are issued documents by its board, which receives them from the relevant committee on land resources and land management under powers of attorney of members of such an association;
10) for state registration of rights to garden, vegetable and dacha land plots, each member of the relevant association is charged a registration fee in the amount of the minimum wage established by federal law. Local government bodies have the right to establish benefits for citizens of certain categories in paying the registration fee.
3. Citizens have the right to individually privatize garden, vegetable and dacha land plots assigned to them. If there are counterclaims to the boundaries of land plots, the dispute is considered by a local government body or in court.
In the event of a discrepancy between the actual area of garden, vegetable and dacha land plots and the area of such plots specified in previously adopted decisions, the local government body has the right to assign garden, vegetable and dacha land plots to new boundaries or demand the restoration of previous boundaries.
1. Transactions with garden, vegetable and dacha land plots are recognized as actions of citizens aimed at establishing, changing or terminating land and other rights.
2. When making transactions with garden, vegetable and dacha land plots, changing their intended purpose and permitted use is not allowed.
3. Transactions with garden, vegetable and dacha land plots are regulated by this Federal Law, as well as civil and land legislation, taking into account the specifics established by the legislation on subsoil, on environmental protection, on urban planning, water, forestry and other legislation.
4. Transactions with garden, vegetable and dacha land plots are not allowed if such transactions lead to violations of urban planning, construction, environmental, sanitary, hygienic, fire safety and other established requirements (norms, rules and regulations) or to the inability to comply with the intended purpose of these land plots plots and conditions for their permitted use.
5. Alienation, pledge, lease of a garden, vegetable or dacha land plot that is in common ownership is carried out with the consent of all participants in the common property.
1. Owners of garden, vegetable and dacha land plots have the right to sell them, donate them, transfer them as collateral, lease, fixed-term use, exchange them, enter into a rent agreement or a lifelong maintenance agreement with a dependent, and also voluntarily abandon these plots.
Garden, vegetable and dacha land plots owned by citizens are inherited by law or by will.
Garden, vegetable and dacha land plots that are in the common joint ownership of spouses can be divided between them. Public land plots of a horticultural, gardening or dacha non-profit association are not subject to division.
2. Garden, vegetable and dacha land plots provided to citizens on the basis of the right of lifelong inheritable ownership can be leased, for fixed-term use, exchanged, privatized, or voluntarily abandoned. Garden, vegetable and dacha land plots provided to citizens on the basis of the right of lifelong inheritable ownership are inherited by law.
3. Garden, vegetable and dacha land plots provided to citizens on the right of permanent (indefinite) use can, with the consent of the local government body, be leased, for fixed-term use, exchanged, privatized, or voluntarily abandoned.
For the heirs of buildings and structures located on garden, vegetable and dacha land plots and owned, these plots are assigned in the same sizes on the right of permanent (indefinite) use. Such heirs have the right to re-register garden, vegetable and dacha land plots into lifelong inheritable ownership or to purchase ownership at the standard price of land.
4. Garden, vegetable and dacha land plots provided by a local government body on the right of lease or fixed-term use can, with the consent of the local government body, be exchanged, privatized, or voluntarily abandoned.
To the heirs of buildings and structures located on garden, vegetable and dacha land plots and owned, these plots are assigned to the right of lease or fixed-term use for the remaining unexpired period with the right to privatize them.
5. The division of a garden, vegetable garden or dacha land plot is possible only with the consent of a member of a gardening, vegetable gardening or dacha non-profit association or in court. At the same time, garden, vegetable or dacha land plots formed during the division cannot be less than the minimum size of a land plot established by regulatory legal acts of the constituent entities of the Russian Federation.
The turnover of garden, vegetable and dacha land plots is carried out within the limits established by civil legislation and to the extent permitted by land legislation.
Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY OF A GARDENING, VEGETABLE OR HOLIDAY NON-PROFIT ASSOCIATION1. Development of projects for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is carried out in accordance with the land use and development rules established by land and urban planning legislation, the system of state urban planning standards and rules.
2. A gardening, vegetable gardening or dacha non-profit association as a legal entity has the right to begin developing the land plot allocated to it (construction of access roads, fences, carrying out reclamation and other work) after establishing its boundaries in kind and issuing documents certifying the right of such an association to the land plot .
Members of a gardening, vegetable gardening or dacha non-profit association have the right to begin using garden, vegetable or dacha land plots after the organization and development of the territory of such an association has been put into practice and the general meeting of its members (meeting of authorized representatives) has approved the distribution of garden, vegetable garden or dacha land plots between members such a union.
A vegetable gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens on the right of ownership, has the right to begin using the allocated land plot without drawing up a project for the organization and development of the territory of such an association.
3. A project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is drawn up on the basis of a petition from its board. The following are attached to this application:
documents certifying the right of such an association to land;
topographic survey materials, and, if necessary, geotechnical survey materials;
architectural and planning task;
technical conditions of engineering support for the territory of such an association.
The project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is coordinated with such an association that ordered this project, and is approved within two weeks by the local government body on whose territory the land plot is allocated.
The documents required for coordination and approval of project documentation are:
a project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association with an explanatory note;
financial estimates;
graphic materials on a scale of 1:1000 or 1:2000, containing a master plan for the development of the territory of a horticultural, gardening or dacha non-profit association, a drawing of the transfer of the specified project to the area, a diagram of utility networks.
Copies of the project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government body.
1. Standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association are established by the executive authorities of the constituent entities of the Russian Federation in the manner established by urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics. The basis for this is the basic standards for the organization and development of the territory of such associations, established by federal executive authorities and necessary for compliance with environmental, land legislation, legislation on urban planning, sanitary and epidemiological welfare of the population, and fire safety.
2. The main standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association in accordance with urban planning legislation are:
number and size of driveways and internal roads;
minimum distances between buildings, structures, structures and land boundaries;
type of water supply sources;
technical characteristics of engineering support for the territory of such an association;
list of necessary fire-fighting structures;
list of security measures environment.
Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association may additionally be applied.
1. The construction of buildings and structures in a horticultural, gardening or dacha non-profit association is carried out in accordance with the project for the organization and development of its territory.
2. Monitoring compliance with the requirements for the construction of buildings and structures in a horticultural, gardening or dacha non-profit association is carried out by the board of such an association, as well as by inspectors of state bodies monitoring compliance with legislation, in the manner of designer supervision by the organization that developed the project for the organization and development of the territory of such an association , local governments.
3. The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the horticultural, gardening or dacha non-profit association and its members independently in accordance with the project for organizing and developing the territory of such an association.
4. The construction by citizens on garden, vegetable garden or dacha land plots of buildings and structures that exceed the dimensions established by the project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association for these buildings and structures is allowed after the approval by the local government body of the construction projects for these buildings and structures in the manner established by urban planning legislation.
5. Violation of the requirements of the project for organizing and developing the territory of a horticultural, gardening or dacha non-profit association is the basis for bringing such an association, as well as its members who committed a violation, to liability in accordance with this Federal Law and other federal laws.
Chapter VIII. SUPPORT OF GARDENERS, GARDENERS, SUMMER OWNERS AND THEIR GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS BY STATE AUTHORITIES, LOCAL GOVERNMENT BODIES AND ORGANIZATIONS1. Gardeners, gardeners, summer residents and their horticultural, gardening and country non-profit associations may, in the manner established by federal laws, be fully or partially exempt from federal taxes, contributions to off-budget funds and payments.
2. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies have the right to:
1) put on staff federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation, local government authorities, specialists in the development of personal subsidiary and dacha farming, gardening and truck farming;
2) provide premises, communications, office equipment, and utilities on preferential terms to associations (unions) of horticultural, vegetable gardening or dacha non-profit associations;
3) conduct educational and propaganda work in order to popularize gardening, vegetable gardening or dacha farming;
4) provide on preferential terms, secured by garden, vegetable and dacha land plots and other real estate, the issuance of loans for the acquisition of land plots, their development and improvement, acquisition and construction of residential buildings, residential buildings, outbuildings and structures;
5) provide, through the system of state agricultural technical services, services for the supply of varietal seeds and planting material for agricultural crops, organic and mineral fertilizers, means of protecting agricultural crops from pests and diseases;
6) allocate funds from the state leasing fund for the purchase of agricultural machinery, tools and equipment;
7) provide on preferential terms the issuance of loans for engineering support for the territories of horticultural, vegetable gardening and dacha non-profit associations in the amount of up to fifty percent of the total amount of estimated costs with subsequent repayment of loans, as well as interest for their use;
8) reimburse in full the costs of engineering support for the territories of horticultural, gardening and dacha non-profit associations, carried out at the expense of targeted contributions;
9) establish for gardeners, vegetable gardeners, summer residents and their horticultural, gardening and country non-profit associations payment standards for electricity, water, gas, telephone, determined for rural consumers.
3. Executive authorities of the constituent entities of the Russian Federation, local government bodies have the right to:
establish benefits for local taxes contractors, individual entrepreneurs, carrying out the construction of public facilities in horticultural, gardening and dacha non-profit associations;
introduce benefits for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha plots of land and back.
4. Executive authorities of the constituent entities of the Russian Federation, local government bodies, organizations have the right:
1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;
2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;
3) provide funds for engineering support for the territories of horticultural, gardening and dacha non-profit associations up to fifty percent of the total amount of estimated costs;
4) reimburse in full the costs of engineering support for the territories of horticultural, gardening and dacha non-profit associations, carried out at the expense of targeted contributions;
5) provide funds for land management and organization of territories of horticultural, gardening and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, vegetable and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements, or reimburse in full the loans provided for implementation of these activities, as well as interest for the use of such loans;
6) sell equipment and materials to gardeners, gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations for the demolition, reconstruction and major repairs of residential buildings, residential buildings, outbuildings and structures;
7) provide horticultural, gardening and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other production.
Local government bodies and organizations have the right to take into account roads, electricity supply systems, gas supply systems, water supply systems, communications and other facilities of horticultural, gardening and country non-profit associations.
5. State authorities, local government bodies and organizations have the right to support the development of gardening, market gardening and summer cottage farming in other forms.
1. Provision of subventions, allocation and reimbursement of loans provided on preferential terms, reimbursement of costs incurred at the expense of targeted contributions from members of horticultural, vegetable gardening and dacha non-profit associations for engineering support of the territories of such associations, land management and organization of the territories of horticultural, vegetable gardening and dacha non-profit associations, restoration and increasing soil fertility, protecting garden, vegetable and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, rental fund are carried out in the manner established by Article 35 of this Federal Law.
2. The provision of loans on preferential terms for the acquisition of garden, vegetable and dacha land plots, the construction of residential buildings, residential buildings, outbuildings and structures, the development and improvement of garden, vegetable and dacha land plots is carried out in the manner established by the Government of the Russian Federation for maintaining individual housing construction.
3. The procedure for allocating funds from the state leasing fund for the purchase of agricultural machinery, implements and equipment, the procedure for allocating funds from the federal budget for leasing operations for gardeners, gardeners and summer residents is established by the Government of the Russian Federation.
4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations during the demolition, reconstruction and major repairs of residential buildings, residential buildings, outbuildings and structures, provision of gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other production is established by the Government of the Russian Federation.
5. Admission to the balance sheet of local government bodies and organizations of roads, electricity supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, gardening or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.
6. Standards for payment for the use of telephone communications, electricity, gas for gardening, vegetable farming and dacha farming, the introduction of benefits for travel of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha land plots and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
7. The procedure for providing premises, telephone communications, office equipment, and utilities on preferential terms to associations (unions) of horticultural, gardening and dacha non-profit associations is established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, and local government bodies.
1. Participation of horticultural, gardening and dacha non-profit associations in the adoption of decisions by state authorities or local self-government bodies concerning the rights and legitimate interests of members of such associations is carried out through the delegation of representatives of such associations or their association (union) to meetings of state authorities or local authorities self-government making these decisions.
2. If it is necessary to make a decision concerning the rights and legitimate interests of members of a horticultural, gardening or dacha non-profit association, a state authority or local government body is obliged to notify the chairman of the horticultural, gardening or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.
3. If a decision of a state authority or local government affects the interests of one or more members of a horticultural, gardening or dacha non-profit association (laying utility networks within the boundaries of the land plots of members of such an association, installing power line supports, etc.), written consent of the owners is required (owners, users) of these land plots.
4. Participation of gardeners, gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations, associations (unions) of such associations in the preparation and adoption of decisions concerning the rights of gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations, associations (unions ) of such associations may be carried out in other forms.
5. A decision of a state authority or local government leading to a violation of the rights and legitimate interests of members of horticultural, gardening and dacha non-profit associations may be appealed to the court.
1. Assistance from state authorities and local governments to horticultural, gardening or dacha non-profit associations is carried out through the adoption of appropriate decisions and the conclusion of contracts based on written requests from horticultural, gardening or dacha non-profit associations.
2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations in carrying out state registration or re-registration of their charters, rights to garden, vegetable or dacha land plots, buildings and structures located on them, producing plans (boundary drawings) of garden, vegetable and dacha land plots in the manner and within the time limits established by law.
Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially vulnerable groups of the population, have the right to apply to local government bodies with applications for a reduction in fees for state registration or re-registration of rights to garden, vegetable or dacha land plots, buildings and structures located on them, production of plans (boundary drawings) of these areas. Local government bodies accept such applications for consideration if the issue is within their competence. Within one month from the date of registration of such an application, the local government body is obliged to make a decision and notify in writing about the decision taken applicant.
3. State authorities and local governments are obliged to assist horticultural, gardening and dacha non-profit associations in:
1) carrying out work on the construction and repair of roads, power lines, water supply and sewerage systems, gas supply, communications or connection to existing power lines, water supply and sewerage systems; organization of machine-technical stations, rental funds, shops by making decisions on concluding contracts for the performance of relevant work by state and municipal enterprises, on organizing and holding competitions for programs and investment projects development of infrastructures of the territories of horticultural, gardening and dacha non-profit associations, on the implementation of joint projects for the development of infrastructures of the territories of such associations, payment of a share of the costs of maintaining infrastructures if these infrastructures are intended to serve the population of the relevant territories or if the engineering infrastructure facilities of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;
2) ensuring the travel of gardeners, gardeners, summer residents and members of their families to garden, vegetable and dacha land plots and back by establishing appropriate operating schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport passenger transport, the introduction of benefits for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable and dacha land plots and back;
3) ensuring fire and sanitary safety, protection of the natural environment, monuments and objects of nature, history and culture in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation through the creation of commissions to monitor the implementation of legal requirements, which include representatives of horticultural, gardening or dacha non-profit associations, state authorities and local governments.
Chapter IX. REORGANIZATION AND LIQUIDATION OF A GARDENING, VEGETABLE OR COUNTRY NON-PROFIT ASSOCIATION1. Reorganization of a horticultural, gardening or dacha non-profit association (merger, accession, division, spin-off, change of organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. When reorganizing a horticultural, gardening or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.
3. When reorganizing a horticultural, gardening or dacha non-profit association, the rights and obligations of its members are transferred to the legal successor in accordance with the transfer deed or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.
4. Transfer deed or the separation balance sheet of a horticultural, gardening or dacha non-profit association is approved by the general meeting of members of such an association and is presented together with the constituent documents for state registration of newly emerged legal entities or for amending the charter of such an association.
5. Members of a reorganized horticultural, gardening or dacha non-profit association become members of newly created horticultural, gardening or dacha non-profit associations.
6. If the separation balance sheet of a horticultural, vegetable gardening or dacha non-profit association does not make it possible to determine its legal successor, the newly emerged legal entities shall bear joint liability for the obligations of the reorganized or reorganized horticultural, vegetable gardening or dacha non-profit association to its creditors.
7. A gardening, vegetable gardening or dacha non-profit association is considered reorganized from the moment of state registration of the newly created non-profit association, with the exception of cases of reorganization in the form of affiliation.
8. Upon state registration of a horticultural, gardening or dacha non-profit association in the form of annexation to it of another horticultural, gardening or dacha non-profit association, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities about the termination of the activities of the affiliated association.
9. State registration of horticultural, gardening or dacha non-profit associations newly created as a result of reorganization and the entry into the unified state register of legal entities of entries on the termination of the activities of reorganized horticultural, gardening or dacha non-profit associations are carried out in the manner established by the law on state registration of legal entities.
1. The liquidation of a horticultural, gardening or dacha non-profit association is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. A demand for the liquidation of a horticultural, gardening or dacha non-profit association may be presented to the court by a state authority or local government body, which is granted by law the right to present such a demand.
3. Upon liquidation of a horticultural, gardening or dacha non-profit association as a legal entity, the rights of its former members to land plots and other things are retained real estate.
1. A gardening, vegetable gardening or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or the body that made the decision on its liquidation appoints, in agreement with the body carrying out state registration of legal entities, a liquidation commission and determines it in accordance with the Civil Code of the Russian Federation and this Federal Law the procedure and timing for the liquidation of such an association.
3. From the moment the liquidation commission is appointed, the powers to manage the affairs of the liquidated horticultural, gardening or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in government bodies, local government bodies and the court.
4. The body carrying out state registration of legal entities enters into the unified state register of legal entities information that a horticultural, gardening or dacha non-profit association is in the process of liquidation.
5. The liquidation commission publishes in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, gardening or dacha non-profit association, the procedure and deadline for submitting claims of creditors of such an association. The deadline for submitting creditors' claims cannot be less than two months from the date of publication of the notice of liquidation of such an association.
6. The liquidation commission takes measures to identify creditors and obtain accounts receivable, and also notifies creditors in writing about the liquidation of a horticultural, gardening or dacha non-profit association.
7. Upon expiration of the deadline for submitting creditors’ claims to a horticultural, gardening or dacha non-profit association liquidation commission draws up an interim liquidation balance sheet, which contains information about the availability of land and other common property of the liquidated association, a list of claims presented by creditors and the results of their consideration.
The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or by the body that made the decision on its liquidation in agreement with the body carrying out state registration of legal entities.
8. After a decision is made to liquidate a horticultural, gardening or dacha non-profit association, its members are obliged to fully repay the debt on contributions in the amounts and within the time frame established by the general meeting of members of such an association (meeting of authorized representatives).
9. If the funds available to a liquidated horticultural, gardening or dacha consumer cooperative are not sufficient to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized representatives) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell part of or all common property of such a cooperative at public auction in the manner established for the execution of court decisions.
The disposal of the land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
10. If a liquidated horticultural, gardening or dacha consumer cooperative does not have enough funds to satisfy the creditors’ claims, the creditors have the right to file a lawsuit to satisfy the remaining part of the claims at the expense of the property of the members of such a cooperative.
11. Payment of funds to creditors of a liquidated horticultural, gardening or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the day of its approval.
12. After completing settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or the body that made the decision to liquidate such an association in agreement with the body carrying out state registration of legal entities.
1. A plot of land and real estate that is jointly owned or owned by a horticultural, gardening or dacha non-profit association and remaining after satisfaction of the creditors’ claims may be sold, with the consent of the former members of such an association, in the manner provided for by law Russian Federation, and the proceeds for the specified land plot and real estate are transferred to the members of such an association in equal shares.
2. When determining the redemption price of a land plot and the real estate of a horticultural, gardening or dacha non-profit association located on it, it shall include the market value of the specified land plot and property, as well as all losses caused to the owner of the specified land plot and property by their seizure, including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.
1. The liquidation of a horticultural, gardening or dacha non-profit association is considered completed, such an association is considered to have ceased to exist after making an entry about it in the unified state register of legal entities, and the body carrying out state registration of legal entities reports on the liquidation of such an association in the press in which data on state registration of legal entities is published.
2. Documents and accounting records of a liquidated horticultural, gardening or dacha non-profit association are transferred for storage to the state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with these materials, and also to issue, at their request, the necessary copies, extracts and certificates
An entry on the termination of the activities of a horticultural, gardening or dacha non-profit association is made by the body carrying out state registration of legal entities upon provision of the following documents: an application for making an entry on liquidation (in case of voluntary liquidation) or an application for the termination of the activities of such an association, signed by a person authorized by the general meeting members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives);
a decision of the relevant body on the liquidation of a horticultural, gardening or dacha non-profit association or on the termination of the activities of such an association;
the charter of such an association and a certificate of its state registration; liquidation balance sheet;
a document confirming the destruction of the seal of such an association.
1. State registration of changes in the constituent documents of horticultural, vegetable gardening and dacha non-profit associations is carried out in the manner established by the law on state registration of legal entities.
2. Changes to the constituent documents specified in paragraph 1 of this article come into force from the moment of state registration of such changes.
Chapter X. PROTECTION OF THE RIGHTS OF GARDENING, VEGETABLE, COUNTRY NON-PROFIT ASSOCIATIONS AND THEIR MEMBERS. RESPONSIBILITY FOR VIOLATION OF LEGISLATION WHEN CONDUCTING GARDENING, horticulture and country house farming1. The following rights of members of horticultural, gardening and dacha non-profit associations are subject to protection in accordance with civil legislation:
1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifelong inheritable ownership of land plots;
2) rights associated with becoming a member of a horticultural, gardening or dacha non-profit association, participating in it and leaving it;
3) other rights provided for by this Federal Law and other federal laws.
2. The rights of a horticultural, gardening or dacha non-profit association to own, use and dispose of public land plots, other property of such an association, and other rights provided for by this Federal Law and other federal laws are subject to protection.
3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:
1) recognition of their rights;
2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;
3) recognition of a voidable transaction as invalid and the application of the consequences of its invalidity, as well as the application of the consequences of the invalidity of a void transaction;
4) invalidation of an act of a state authority or an act of a local government body;
5) self-defense of one’s rights;
6) compensation for losses;
7) other methods provided by law.
1. A gardener, gardener or summer resident may be subject to administrative penalties in the form of a warning or a fine for violation of land, forestry, water, urban planning legislation, legislation on sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, vegetable gardening or summer cottage non-profit associations, in the manner established by the legislation on administrative offenses.
2. A gardener, gardener or summer resident may be deprived of property rights, lifelong inheritable possession, permanent (indefinite) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.
Mandatory advance warning to a gardener, gardener or summer resident about the need to eliminate violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.
1. Officials of state authorities, local governments, state and municipal institutions may be subject to administrative penalties in the form of a warning or a fine for the following violations of land legislation:
1) consideration of applications (petitions) of citizens for the provision of garden, vegetable or dacha land plots in violation of the deadlines established by law; concealment of information about the availability of free land in the areas where horticultural, gardening or dacha non-profit associations are located;
2) violation of the requirements of approved urban planning documentation when allocating garden, vegetable or dacha land plots;
3) illegal actions that entailed the unauthorized occupation of land within the boundaries of horticultural, vegetable gardening or dacha non-profit associations or in the areas where horticultural, vegetable gardening or dacha non-profit associations are located.
2. The imposition of a penalty in the form of a warning or a fine for violations specified in paragraph 1 of this article, or for other violations of the legislation of the Russian Federation, is carried out in the manner established by the Code of the Russian Federation on Administrative Offenses.
Officials of state authorities, local government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with gardening, gardening or summer cottage farming by citizens, are subject to, in cases that do not entail administrative or criminal liability, disciplinary action in the form of a reprimand, reprimand, severe reprimand, dismissal in the manner established by the Labor Code of the Russian Federation.
Officials of state authorities and local self-government bodies are held criminally liable in accordance with the Criminal Code of the Russian Federation for the following violations of the law, if such acts are committed for personal gain using their official position:
registration of obviously illegal transactions with garden, vegetable or dacha land plots;
distortion of registration data of the state land cadastre;
deliberate underestimation of payments for land.
Losses caused to a gardening, vegetable gardening or dacha non-profit association or its members as a result of illegal actions (inaction) of government bodies,
1. To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts into compliance with this Federal Law within six months from the date it comes into force.
2. Instruct the Government of the Russian Federation, within three months from the date of entry into force of this Federal Law:
prepare and submit, in the prescribed manner, proposals to introduce amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
adopt regulatory legal acts ensuring the implementation of the provisions of this Federal Law.
President
Russian Federation
B.YELTSIN
Moscow, Kremlin
The website “Zakonbase” presents the FEDERAL LAW of April 15, 1998 N 66-FZ “ON GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS” in the most latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.
On the website "Zakonbase" you will find the FEDERAL LAW of April 15, 1998 N 66-FZ "ON GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" in the latest and full version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.
At the same time, you can download the FEDERAL LAW of April 15, 1998 N 66-FZ “ON GARDENING, VEGETABLE AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS” completely free of charge, both in full and in separate chapters.
Federal Law No. 66 on gardening partnerships considers the specifics of providing various kinds land plots to citizens for the purpose of non-commercial use. This could be the construction of country houses (they must be registered separately to obtain the right of residence), cultivation of crops, or simply recreation. But on July 3, 2016, Federal Law 66 underwent a number of changes, about which we'll talk in this article.
Federal Law 66 “on gardening, gardening, and dacha non-profit associations of citizens” was adopted by the State Duma on March 11, 1998, and approved by the Federation Council on April 1 of the same year. To date, changes and amendments have been made to it, but the essence of the law has not changed. The objects of consideration of Federal Law 66 are agricultural private or public partnerships of citizens of the Russian Federation.
The law specifies the forms of the above associations, the specifics of their management, mutual lending funds, etc. Also, Federal Law 66 considers the conditions under which citizens have the right to receive land plots for private needs, how they are formed, organized and managed.
Finally, Federal Law 66 indicates the possibility state support gardeners, vegetable gardens and summer residents, under certain conditions. At the same time, this law has a separate chapter on the issue of protecting the rights of these categories of Russian citizens.
Changes to the Law “On Gardening Partnerships”
Over almost 20 years of existence, amendments to the law on gardening partnerships have been made several times. First, it’s worth listing the most significant ones.
Changes to Federal Law 66 on the procedure for holding a general meeting of members of partnerships.
The latest edition of Federal Law 66 provides for an absentee form of holding a general meeting, provided that an in-person meeting was not held due to the lack of a quorum.
This remains the case even if the following items are on the agenda:
- The latest edition of the charter is approved or drawn up;
the dacha non-profit association is reorganized or liquidated; - The reports of the audit commission or board are approved;
- The income and expense estimate is approved.
Clarifications in Federal Law 66 on the issue of membership fees
The clause in the law regarding money contributed by members of a gardening association has undergone four major changes.
First- wording. The new edition of Federal Law 66 retains the previous definition, which states that members of a non-profit agricultural partnership are required to contribute funds for current expenses. This point is supplemented only by the “maintenance of common property.”
Second- determination of the amount of membership fee. Now its size, according to Federal Law 66, depends on the total area of the land plot and the real estate located on it. However, this principle is not yet mandatory and enshrined in the charters of partnerships.
Third- an expanded list of documents that is provided to each member of the horticultural association if the need arises. In the previous version of Federal Law 66, it was necessary to transfer a copy of the minutes of the general meeting, as well as the meeting of the board and the audit commission.
This list has now been supplemented with the following documents:
- the charter of the agricultural non-profit partnership, indicating the changes made to it (if any);
- title documents for public property of the farm;
financial statements of a non-profit association; - income-expense estimate, with a report on its implementation;
- papers that confirm the results of the last votes of the partnership.
Register of partnership members
The new concept of Federal Law 66 - “register of members of a horticultural, gardening or dacha non-profit association” contains information about its representatives.
Among the included information about a member of the partnership, according to Federal Law 66:
- postal and email address;
- cadastral number of the land plot;
- additional information provided for by the charter of this particular association.
By law, the register is created no later than one month from the date of registration of the partnership.
Now about the key articles of the federal law, and an indication of the presence/absence of amendments to the law on gardening partnerships.
Art. 1.
This paragraph of the law defines key concepts, used throughout Federal Law 66, such as a gardening or dacha association, share contributions, etc. The definition of membership fees has undergone a change, with the addition of “maintenance of common property.”
Art. 8.
This article of Federal Law 66 describes the features of running individual farms. This includes paying fees for the use of common property or appealing some decisions of the association in court. The latest version of the law has not undergone any changes.
Art. 18.
This article of Federal Law 66 describes the conditions for obtaining membership in a partnership, including reaching 16 years of age and having a plot of land on the territory of the cooperative. The latest version of the law has not undergone any changes.
Art. 19.
This paragraph of Federal Law 66 describes the rights and obligations of a member of the partnership. The article has been supplemented with two subparagraphs:
№ 2.1
- it indicates the need to familiarize yourself with documents describing the activities of the association;
№ 11.1
- which states that a citizen is obliged to notify the board of the termination of rights to his plot no later than 10 days after that.
Art. 21.
Article 66 of the Federal Law considers what issues the board of a partnership can decide: admission of new members, changes in income and expenditure estimates, reorganization or liquidation of the entire organization, etc. The change in the law is the possibility of holding absentee meetings if in-person meetings did not take place.
Art. 22.
This paragraph of Federal Law 66 defines the concept of board, the scope of its competence, and the legal basis for decisions made. The changes made are that now, in the event of a tie in the voting, the opinion of the chairman will be decisive. And now, by law, the board is required to maintain a register of members of the association.
Art. 27.
This article of the federal law closely concerns the issue of documentation: maintaining minutes and documents provided for review to members of the partnership. The July changes led to the addition of the list of issued papers, and the fee for this, by law, cannot exceed the cost of the copies made.
Download
The law on gardening partnerships in the latest edition has not undergone significant changes. Addition of the voting procedure, changes regarding membership fees, expansion of the provided package of documents. These are all amendments to Federal Law 66.
RUSSIAN FEDERATION
FEDERAL LAW
ABOUT GARDENING, VEGETABLE AND COUNTRY PRODUCTS
NON-PROFIT CITIZENS ASSOCIATIONS
State Duma
Federation Council
Chapter I. GENERAL PROVISIONS
Chapter II. FORMS OF GARDENING BY CITIZENS,
VEGETABLE GREENING AND COUNTRY HOUSEKEEPING
Chapter III. PROVISION OF LAND FOR MANAGEMENT
GARDENING, VEGETABLE HORTICULTURE AND COUNTRY HOUSING
Chapter IV. CREATION OF GARDENING, VEGETABLE HORTICULTURE
AND COUNTRY NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS
MEMBERS OF GARDENING, VEGETABLE AND COUNTRY CENTERS
NON-PROFIT ASSOCIATIONS
Chapter V. MANAGEMENT OF GARDENING, VEGETABLE GROWING
AND COUNTRY NON-PROFIT ASSOCIATIONS
Chapter VI. FEATURES OF PROVIDING PROPERTY
AND TURNOVER OF GARDEN, VEGETABLE AND COUNTRY LAND PLOTS
Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY
GARDENING, VEGETABLE OR HOLDING
NON-PROFIT ASSOCIATION
Article 32. General requirements to the organization and development of the territory of a horticultural, gardening or dacha non-profit association
1. The organization and development of the territory of a horticultural or dacha non-profit association, the division of a land plot provided to the corresponding association, are carried out on the basis of a territory planning project and a territory surveying project.
The organization of the territory of a gardening non-profit association and the division of a land plot provided to the corresponding association are carried out on the basis of a territory surveying project.
Preparation and approval of the territory planning project and (or) the territory surveying project are carried out in accordance with the Town Planning Code of the Russian Federation. The territory planning project and (or) land surveying project for the territory of a horticultural, gardening or dacha non-profit association must be approved by the general meeting of members of the relevant association (meeting of authorized representatives) before their approval.
2. Members of a gardening, gardening or dacha non-profit association have the right to begin using garden, vegetable or dacha land plots, with the exception of the construction of buildings, structures, structures, until the emergence of ownership rights to such land plots or their lease after their formation and distribution among the members of the relevant associations based on the decision of the general meeting of members of the relevant association (meeting of authorized representatives).
Article 34
1. The construction of buildings and structures in a horticultural, gardening or dacha non-profit association is carried out in accordance with the territory planning project and (or) the territory surveying project, as well as urban planning regulations.
2. State land supervision over citizens’ compliance with the requirements established by land legislation for the use of land plots intended for gardening, vegetable gardening or summer cottage farming is carried out in accordance with land legislation.
3 - 5. Lost power. - Federal Law of June 23, 2014 N 171-FZ.
Chapter VIII. SUPPORT FOR GARDENERS, VEGETABLE GROWERS,
SUMMER RESIDENTS AND THEIR GARDENING, VEGETABLE AND COUNTRY RESIDENTS
NON-PROFIT ASSOCIATIONS BY GOVERNMENT BODIES
AUTHORITIES, LOCAL GOVERNMENT BODIES
AND ORGANIZATIONS
Article 35
1. Lost power. - Federal Law of August 22, 2004 N 122-FZ.
2. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies have the right to:
1) introduce into the staff of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies specialists in the development of personal subsidiary and dacha farming, gardening and truck farming;
2) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;
3) conduct educational and propaganda work in order to popularize gardening, vegetable gardening or dacha farming;
4) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;
5) provide, through the system of state agricultural technical services, services for the supply of varietal seeds and planting material for agricultural crops, organic and mineral fertilizers, means of protecting agricultural crops from pests and diseases;
6) - 7) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;
8) reimburse in full the costs of engineering support for the territories of horticultural, gardening and dacha non-profit associations, carried out at the expense of targeted contributions;
9) establish for gardeners, vegetable gardeners, summer residents and their horticultural, gardening and country non-profit associations payment standards for electricity, water, gas, telephone, determined for rural consumers.
3. Local government bodies have the right:
establish local tax benefits for contractors and individual entrepreneurs constructing public facilities in horticultural, gardening and dacha non-profit associations;
introduce benefits for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha plots of land and back.
4. Executive authorities of the constituent entities of the Russian Federation, local government bodies, organizations have the right:
1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;
2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;
3) provide funds for engineering support for the territories of horticultural, gardening and dacha non-profit associations up to fifty percent of the total amount of estimated costs;
4) reimburse in full the costs of engineering support for the territories of horticultural, gardening and dacha non-profit associations, carried out at the expense of targeted contributions;
5) provide funds for land management and organization of territories of horticultural, gardening and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, vegetable and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements;
6) sell equipment and materials to gardeners, gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations for the demolition, reconstruction and major repairs of residential buildings, residential buildings, outbuildings and structures;
7) provide horticultural, gardening and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other production.
Local government bodies and organizations have the right to take into account roads, electricity supply systems, gas supply systems, water supply systems, communications and other facilities of horticultural, gardening and country non-profit associations.
5. State authorities, local government bodies and organizations have the right to support the development of gardening, market gardening and summer cottage farming in other forms.
Article 36. Procedure for supporting horticultural, gardening and dacha non-profit associations
1. Providing subventions, reimbursement of costs incurred at the expense of targeted contributions from members of horticultural, vegetable gardening and dacha non-profit associations for engineering support of the territories of such associations, land management and organization of the territories of horticultural, vegetable gardening and dacha non-profit associations, restoration and increase of soil fertility, protection of gardening, vegetable and vegetable gardens dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, rental fund are carried out in the manner established by Article 35 of this Federal Law.
2 - 3. Lost force. - Federal Law of August 22, 2004 N 122-FZ.
4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations during the demolition, reconstruction and major repairs of residential buildings, residential buildings, outbuildings and structures, provision of gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other production is established by the Government of the Russian Federation.
5. Admission to the balance sheet of local government bodies and organizations of roads, electricity supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, gardening or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.
6. Standards for payment for the use of telephone communications, electricity, gas for gardening, vegetable farming and dacha farming, the introduction of benefits for travel of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha land plots and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
7. The procedure for providing premises, telephone communications, office equipment, and utilities to associations (unions) of horticultural, gardening and dacha non-profit associations on preferential terms is established by local government bodies.
Article 37. Participation of horticultural, gardening and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations
1. Participation of horticultural, gardening and dacha non-profit associations in the adoption of decisions by state authorities or local self-government bodies concerning the rights and legitimate interests of members of such associations is carried out through the delegation of representatives of such associations or their association (union) to meetings of state authorities or local authorities self-government making these decisions.
2. If it is necessary to make a decision concerning the rights and legitimate interests of members of a horticultural, gardening or dacha non-profit association, a state authority or local government body is obliged to notify the chairman of the horticultural, gardening or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.
3. If a decision of a state authority or local government affects the interests of one or more members of a horticultural, gardening or dacha non-profit association (laying utility networks within the boundaries of the land plots of members of such an association, installing power line supports, etc.), written consent of the owners is required (owners, users) of these land plots.
4. Participation of gardeners, gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations, associations (unions) of such associations in the preparation and adoption of decisions concerning the rights of gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations, associations (unions ) of such associations may be carried out in other forms.
5. A decision of a state authority or local government leading to a violation of the rights and legitimate interests of members of horticultural, gardening and dacha non-profit associations may be appealed to the court.
Article 38. Assistance from state authorities and local governments to horticultural, gardening and dacha non-profit associations
1. Assistance from state authorities and local governments to horticultural, gardening or dacha non-profit associations is carried out through the adoption of appropriate decisions and the conclusion of contracts based on written requests from horticultural, gardening or dacha non-profit associations.
2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, summer residents and their gardening, vegetable gardening and dacha non-profit associations in carrying out state registration or re-registration of rights to garden, vegetable garden or dacha land plots, buildings and structures located on them, production boundary plans of garden, vegetable and dacha land plots in the manner and within the time limits established by law.
Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially vulnerable groups of the population, have the right to apply to local government bodies with applications for a reduction in fees for state registration or re-registration of rights to garden, vegetable or dacha land plots, buildings and structures located on them, production of boundary plans of these areas. Local government bodies accept such applications for consideration if the issue is within their competence. Within one month from the date of registration of such an application, the local government body is obliged to make a decision and notify the applicant in writing of the decision.
3. State authorities and local governments are obliged to assist horticultural, gardening and dacha non-profit associations in:
1) carrying out work on the construction and repair of roads, power lines, water supply and sewerage systems, gas supply, communications or connection to existing power lines, water supply and sewerage systems; organizing machine-technical stations, rental funds, shops through making decisions on concluding contracts for the performance of relevant work by state and municipal enterprises, on organizing and holding competitions for programs and investment projects for the development of infrastructure in the territories of horticultural, gardening and country non-profit associations, on the implementation of joint projects development of infrastructures of the territories of such associations, payment of a share of the costs of maintaining infrastructures if these infrastructures are intended to serve the population of the corresponding territories or if the engineering infrastructure objects of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;
2) ensuring the travel of gardeners, gardeners, summer residents and members of their families to garden, vegetable and dacha land plots and back by establishing appropriate operating schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport passenger transport;
3) ensuring fire and sanitary safety, environmental protection, monuments and objects of nature, history and culture in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation through the creation of commissions to monitor the implementation of legal requirements, which include representatives of horticultural, gardening or dacha non-profit associations, state authorities and local governments.
Chapter IX. REORGANIZATION AND LIQUIDATION OF GARDENING,
VEGETABLE OR COUNTRY NON-PROFIT ASSOCIATION
Article 39. Reorganization of a horticultural, gardening or dacha non-profit association
1. Reorganization of a horticultural, gardening or dacha non-profit association (merger, accession, division, spin-off, change of organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. When reorganizing a horticultural, gardening or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.
3. When reorganizing a horticultural, gardening or dacha non-profit association, the rights and obligations of its members are transferred to the legal successor in accordance with the transfer deed or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.
4. The transfer act or separation balance sheet of a horticultural, gardening or dacha non-profit association is approved by the general meeting of members of such an association and is presented together with the constituent documents for the state registration of newly emerged legal entities or for amending the charter of such an association.
5. Members of a reorganized horticultural, gardening or dacha non-profit association become members of newly created horticultural, gardening or dacha non-profit associations.
6. If the separation balance sheet of a horticultural, vegetable gardening or dacha non-profit association does not make it possible to determine its legal successor, the newly emerged legal entities shall bear joint liability for the obligations of the reorganized or reorganized horticultural, vegetable gardening or dacha non-profit association to its creditors.
7. A gardening, vegetable gardening or dacha non-profit association is considered reorganized from the moment of state registration of the newly created non-profit association, with the exception of cases of reorganization in the form of affiliation.
8. Upon state registration of a horticultural, gardening or dacha non-profit association in the form of annexation to it of another horticultural, gardening or dacha non-profit association, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities about the termination of the activities of the affiliated association.
9. State registration of horticultural, gardening or dacha non-profit associations newly created as a result of reorganization and the entry into the unified state register of legal entities of entries on the termination of the activities of reorganized horticultural, gardening or dacha non-profit associations are carried out in the manner established by the law on state registration of legal entities.
Article 40. Liquidation of a horticultural, gardening or dacha non-profit association
1. The liquidation of a horticultural, gardening or dacha non-profit association is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. A demand for the liquidation of a horticultural, gardening or dacha non-profit association may be presented to the court by a state authority or local government body, which is granted by law the right to present such a demand.
3. When a horticultural, vegetable gardening or dacha non-profit association is liquidated as a legal entity, the rights of its former members to land plots and other real estate are preserved.
Article 41. Procedure for liquidation of a horticultural, gardening or dacha non-profit association
1. A gardening, vegetable gardening or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or the body that made the decision on its liquidation appoints a liquidation commission and determines, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and timing for the liquidation of such an association.
3. From the moment the liquidation commission is appointed, the powers to manage the affairs of the liquidated horticultural, gardening or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in government bodies, local government bodies and the court.
4. The body carrying out state registration of legal entities enters into the unified state register of legal entities information that a horticultural, gardening or dacha non-profit association is in the process of liquidation.
5. The liquidation commission publishes in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, gardening or dacha non-profit association, the procedure and deadline for submitting claims of creditors of such an association. The deadline for submitting creditors' claims cannot be less than two months from the date of publication of the notice of liquidation of such an association.
6. The liquidation commission takes measures to identify creditors and receive receivables, and also notifies creditors in writing about the liquidation of a horticultural, gardening or dacha non-profit association.
7. At the end of the period for submitting creditors’ claims to a horticultural, gardening or dacha non-profit association, the liquidation commission draws up an interim liquidation balance sheet, which contains information about the availability of land and other common property of the liquidated association, a list of claims presented by creditors and the results of their consideration.
The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or by the body that made the decision on its liquidation.
8. After a decision is made to liquidate a horticultural, gardening or dacha non-profit association, its members are obliged to fully repay the debt on contributions in the amounts and within the time frame established by the general meeting of members of such an association (meeting of authorized representatives).
9. If the funds available to a liquidated horticultural, gardening or dacha consumer cooperative are not sufficient to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized representatives) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell part of or all common property of such a cooperative at public auction in the manner established for the execution of court decisions.
The disposal of the land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
10. If a liquidated horticultural, gardening or dacha consumer cooperative does not have enough funds to satisfy the creditors’ claims, the creditors have the right to file a lawsuit to satisfy the remaining part of the claims at the expense of the property of the members of such a cooperative.
11. Payment of funds to creditors of a liquidated horticultural, gardening or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the day of its approval.
12. After completing settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized persons) or the body that made the decision to liquidate such an association.
Article 42. Property of a liquidated horticultural, gardening or dacha non-profit association
1. A plot of land and real estate owned by a horticultural, gardening or dacha non-profit association and remaining after satisfaction of the creditors’ claims may, with the consent of the former members of such an association, be sold in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the said land plot and real estate is transferred to the members of such an association in equal shares.
2. When determining the amount of compensation for a land plot seized for state or municipal needs and the real estate of a horticultural, gardening or dacha non-profit association located on it, it shall include the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property. property by their seizure, including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.
Article 43. Completion of the liquidation of a horticultural, gardening or dacha non-profit association
1. The liquidation of a horticultural, gardening or dacha non-profit association is considered completed, such an association is considered to have ceased to exist after making an entry about it in the unified state register of legal entities, and the body carrying out state registration of legal entities reports on the liquidation of such an association in the press in which data on state registration of legal entities is published.
2. Documents and accounting records of a liquidated horticultural, gardening or dacha non-profit association are transferred for storage to the state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with these materials, and also to issue, at their request, the necessary copies, extracts and certificates
Article 44
An entry on the termination of the activities of a horticultural, gardening or dacha non-profit association is made by the body carrying out state registration of legal entities in the manner prescribed by the federal law on state registration of legal entities.
Article 45. State registration of changes in the constituent documents of horticultural, gardening and dacha non-profit associations
1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifelong inheritable ownership of land plots;
2) rights associated with becoming a member of a horticultural, gardening or dacha non-profit association, participating in it and leaving it;
3) other rights provided for by this Federal Law and other federal laws.
2. The rights of a horticultural, gardening or dacha non-profit association to own, use and dispose of public land plots, other property of such an association, and other rights provided for by this Federal Law and other federal laws are subject to protection.
3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:
1) recognition of their rights;
2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;
3) recognition of a voidable transaction as invalid and the application of the consequences of its invalidity, as well as the application of the consequences of the invalidity of a void transaction;
4) invalidation of an act of a state authority or an act of a local government body;
5) self-defense of one’s rights;
6) compensation for losses;
7) other methods provided by law.
Article 47. Responsibility of gardeners, gardeners or summer residents for violation of the law
1. A gardener, gardener or summer resident may be subject to administrative penalties in the form of a warning or a fine for violation of land, forestry, water, urban planning legislation, legislation on sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, vegetable gardening or summer cottage non-profit associations, in the manner established by the legislation on administrative offenses.
2. A gardener, gardener or summer resident may be deprived of property rights, lifelong inheritable possession, permanent (indefinite) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.
Mandatory advance warning to a gardener, gardener or summer resident about the need to eliminate violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.
Article 48. Lost force. - Federal Law dated 05/07/2013 N 90-FZ.
Article 49. Responsibility of officials of state authorities and local government bodies for violation of legislation
Officials of state authorities, local government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with the conduct by citizens of gardening, gardening or summer cottage farming, are brought to disciplinary, material, civil, administrative and criminal liability in the manner established by federal laws.
Article 50. Lost force. - Federal Law of May 13, 2008 N 66-FZ.
Article 51. Compensation for losses caused to a horticultural, gardening or dacha non-profit association or its members
Losses caused to a gardening, gardening or dacha non-profit association or its members as a result of illegal actions (inaction) of state authorities, local governments or their officials, including the issuance of an act of a state authority or an act that does not comply with the law or other regulatory legal act local government body are subject to compensation in the manner established by civil law.
Chapter XI. FINAL PROVISIONS
Article 52. Entry into force of this Federal Law
This Federal Law comes into force on the date of its official publication.
Article 53. Transitional provisions
1. Statutes of horticultural, gardening and dacha partnerships and horticultural, gardening and dacha cooperatives created before the entry into force of this Federal Law are subject to being brought into compliance with the norms of this Federal Law within five years from the date of its official publication.
2. Gardening, vegetable gardening and dacha partnerships and horticultural, vegetable gardening and dacha cooperatives are exempt from paying the registration fee upon state registration of changes to their legal status in connection with their reorganization and bringing their charters into compliance with the norms of this Federal Law.
Article 54. On the repeal of previously adopted laws
From the date of entry into force of this Federal Law, the USSR Law “On Cooperation in the USSR” (Vedomosti of the Supreme Soviet of the USSR, 1988, No. 22, Art. 355; Vedomosti of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, No. 355) is not applied on the territory of the Russian Federation 19, art. 350; 1990, no. 489; 1991, no. 294; art. 324, 325) in the part regulating the activities of gardening partnerships and dacha cooperatives.
Article 55. Bringing regulatory legal acts into compliance with this Federal Law
1. To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts into compliance with this Federal Law within six months from the date it comes into force.
2. Instruct the Government of the Russian Federation, within three months from the date of entry into force of this Federal Law:
prepare and submit, in the prescribed manner, proposals to introduce amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
adopt regulatory legal acts ensuring the implementation of the provisions of this Federal Law.
President
Russian Federation
Moscow, Kremlin
Effective January 2019 new law regulating the activities of horticultural and vegetable gardening associations. At the same time, this law makes significant changes to thirty-nine laws that are in force in our country.
The purpose of the new law is to eliminate problems associated with gardening by citizens' associations. Indeed, according to rough calculations, more than sixty million citizens are engaged in gardening in our country. Innovations should eliminate not only administrative problems, but also create comfortable conditions for every gardener.
What is SNT
Federal Law No. 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens” defines SNT as an association of citizens for the purpose of obtaining dacha, horticultural or gardening land plots and jointly conducting activities on such territory. But the first article defines SNT as an organization created to assist citizens in carrying out economic activities within the framework of gardening and vegetable gardening.
SNT is a legal entity that acts exclusively on its own behalf and is endowed with its own rights and obligations. This means that the members and the legal entity itself are separately responsible for their obligations.
A gardening or other partnership exists through contributions paid by its members during a certain period. With this money, the common property of the partnership participants is created and the maintenance of such property is carried out.
The territory owned by a horticultural non-profit partnership consists of plots owned by SNT members, as well as public territory. At the same time, a legal entity has certain responsibilities regarding the maintenance of areas for public use:
- the obligation to pay taxes for the common territory lies exclusively with the SNT, since the members of the partnership are assigned such a responsibility only for their plots;
- gardening is obliged to carry out work to maintain the common area;
- Cleans the area, collects and removes waste.
Management of gardening is carried out by members of the board, the chairman, as well as the general meeting of members of a gardening or other partnership.
Law on horticultural non-profit partnerships (SNT)
Until January 2019, the activities of horticultural, gardening and dacha partnerships are regulated by Federal Law No. 66-FZ “On horticultural, vegetable gardening and dacha non-profit associations of citizens.” Since its adoption in 1998, it has undergone many changes, including taking into account court decisions.
Federal law establishes:
- a method of uniting citizens for the purpose of jointly carrying out gardening, dacha or gardening activities;
- methods of land provision;
- form of management of a legal entity, as well as the rights of gardeners;
- forms collaboration with municipal authorities;
- order of territory development.
Changes made to other legislative normative acts in a number of cases influenced the scope of rights of members of partnerships. An example is the introduction of the “dacha amnesty” law, which significantly simplified the procedure for registering the right to buildings located on gardening plots.
At the same time, a few years ago there was a need to change the legislation regulating the activities of gardening associations of citizens. Due to the adoption in 2017 of a new regulatory framework in the field of horticulture, Federal Law No. 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens” will cease to exist from January 1, 2019.
Main directions of the law on SNT
The still current version of the law on SNT provides for several types of associations of gardeners:
- non-profit partnerships;
- consumer cooperatives;
- non-profit partnerships.
The difference between these forms is the procedure for exercising rights and obligations both by members of the association and by the legal entity.
Federal Law No. 66-FZ is a special norm regulating the procedure for providing land for gardening or vegetable farming.
The law supplements the established procedure with the following provisions:
- establishes the maximum area of plots to be allocated to citizens;
- changes the procedure for obtaining possession of lands with a special status;
- introduces the procedure for the distribution of plots in SNT.
In addition, the provisions normative act in detail regulate the rights of gardening and its members, as well as ways to protect these rights.
In accordance with Article 20 of this law, the governing bodies of SNT are determined:
- the general meeting of members as the main body;
- authorized associations, which include elected representatives from among gardeners;
- the board of SNT as the execution of decisions of the general meeting;
- The direct execution of the powers of the SNT is carried out by the chairman.
Also, Federal Law No. 66-FZ lists ways to support SNT by municipal authorities and organizations.
This form of organizing gardening activities in our country has given rise to many problems, the solution of which was proposed by creating a new law.
Among the problems are:
- large number organizational forms associations;
- uncontrollable volumes of contributions, which turned into real extortions from gardening members;
- difficulties with registration and construction of residential buildings on the gardening territory;
- gardening members have to independently carry out some expensive communications to the site;
- Municipal authorities do not provide support to SNT.
What will change in gardening partnerships in 2018
New changes to the organization of gardening activities are introduced by Federal Law No. 217 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation.” The changes are set to come into force on January 1, 2019, but from the beginning of 2018 many gardening enterprises will have to restructure their activities.
First of all, the form of uniting gardeners into cooperatives is excluded, since they are morally outdated and are not actually used in our country. Dacha associations of citizens are also excluded. The transition to new forms should be completed by the end of 2023.
Now, to create an SNT, you need to get more than three votes of the founders at the general meeting. Additionally, a list of all newly formed gardening members is compiled, indicating the cadastral numbers of the land plots they own. In this case, the minimum number of members of a citizens' association must be seven people.
The form of management of the partnership is changing, which will be carried out by the following bodies:
- general meeting;
- chairman;
- audit commission.
Along with the concept of residential premises, the category of a country house, which is intended for the temporary stay and residence of citizens, is included, and the term “residential building” is excluded.
Introduced new system contributions according to the principle of focus:
- introductory;
- membership;
- targeted.
The law regulates in detail the purposes for which funds of each category can be spent.
For ease of connection to utility networks the concept of common property is introduced. This change is similar to the common property of an apartment building. Now all communications and utility networks can belong to all gardeners under common law, and their maintenance will be carried out by SNT.
Additionally, the territorial principle of organizing the partnership is established. The creation of two or more associations on the same territory is prohibited. This means that it is impossible to create an association of gardeners within the gardening partnership.
The rules for land surveying the SNT territory have also changed:
- the total area may include municipal and public lands;
- It is prohibited to restrict free access to the common territory located outside the boundaries of the SNT.
The rest of the law duplicates past provisions or adapts the requirements of other laws to the specifics of dacha associations.
Pros and cons of the SNT law
Among the advantages of the new law are: integrated approach to change gardening activities in our country.
- The prerequisites have been created for close interaction with municipal authorities. One of the advantages of this interaction was the simplified system medical care gardening members, as well as providing utilities. In addition, now the repair of roads located within the SNT and the adjacent territory is carried out with the help of the municipality.
- The exclusion of some forms of association of gardeners involves the creation of a transparent taxation system and protection of the rights of all members of the association.
- The introduction of the category of common property for gardeners should simplify the procedure for connecting to utilities.
But the law also has its shortcomings, which so far have only been highlighted in theory.
- Introduction of the concept garden house as permanent residential premises entails the possibility of registration at the address of the building. The consequence of this may be the impossibility of renting social apartments and exclusion from the queue for housing.
- Gardeners who own land plots on the basis of a membership book without registration in Rosreestr may encounter difficulties in legitimizing their land. Since the registration requirements of the law make it possible to exclude from cadastral registration those areas for which ownership is not registered. Such land will become property municipalities and its owners will have to prove their right through court.
- Specific regulations have not been established for the performance of a number of functions of the SNT. Difficulties may arise, for example, with making a decision on the purchase of shares in the common property of the gardening, for which it is necessary to ensure the mandatory attendance and desire of all members of the gardening.
- The transition period for implementing the changes is set until the end of 2023. However, from January 2019, gardening must apply new requirements for the implementation of activities, many of which are not yet regulated by by-laws.
For a huge number of Russian families, working in their own garden or vegetable garden is a favorite form of leisure. The status of gardener-summer resident brings together many people who have managed to turn work into relaxation. These in Russia are approximately half of the total adult population, especially in major cities. The leaders are Moscow and St. Petersburg, surrounded by an endless dacha area.
On modern map One can count about eighty thousand gardening associations. These include dacha, horticultural and gardening non-profit associations. The lands occupied by them yield about half of the berries and fruits, about a quarter of all vegetables and a fifth of potatoes grown in Russia.
Summer resident or gardener?
The differences between gardeners, gardeners and summer residents are spelled out in the Federal Law of April 15, 1998 No. 66-FZ, which is called “On gardening, vegetable gardening and summer cottage non-profit associations.” According to it, there are three types of land plots - country houses, garden plots and vegetable plots. Each plot in a gardening partnership is provided to citizens (or purchased) for a different purpose. Garden, like vegetable gardens ─ to grow crops - vegetables, fruits or berries. Country houses ─ to relax. But it is not forbidden to cultivate the land and grow crops.
A garden plot differs from a garden plot in that its owner has the right to build residential and outbuildings, but the owner of a garden plot does not always.
About country houses
In a residential building built on its own plot, a summer resident has the right to live with permanent registration - unlike a gardener.
Until 1990, on land plots with the status of gardens, it was allowed to build buildings no higher than one floor and no more than strictly standardized sizes, which was reflected in the standard charter of a gardening partnership. The situation changed only in the early 90s, when these restrictions were declared unconstitutional.
Gardening Partnership
By law, gardening can also be done individually. But practice shows that it is more profitable and convenient for land owners to join forces. That is why non-profit organizations are created on a voluntary basis, with the goal of helping participants decide general questions- economic and social.
SNT - a gardening non-profit partnership - is a classic example of such an organization. It must consist of at least three participants. A gardening partnership is required to undergo state registration as a legal entity.
The charter is the basis of everything
The main document for establishing a non-profit association is its charter, which is adopted and approved at the general meeting. The charter of the gardening partnership is developed on the basis standard provision taking into account local characteristics and needs.
This non-profit organization is managed by the powers established by Law No. 66-FZ of April 15, 1998, as well as by the approved charter of the partnership.
About the management of SNT
The main governing body of SNT is the general meeting, which elects the board by direct voting. Early re-election of the board is possible only at the request of its members.
Meetings of meetings of authorized members of the partnership must be documented in minutes. Each protocol is signed by the chairman of the gardening association and the secretary of the meeting. The document is sealed by the organization and is subject to permanent storage.
Who is a participant in such an association?
By law, a member of a gardening partnership is any citizen of the Russian Federation over the age of 18 who owns a plot in this partnership.
Owners have the right to operate on their own territory (if the site is not seized and not limited in circulation) and carry out construction according to their own plan. Being a member of SNT, such a gardener receives: additional rights, and responsibilities.
Responsibilities and rights of SNT members
The right to be elected to horticultural management bodies (as well as to elect others) implies the ability to influence decisions regarding the common good. And the responsibilities that go side by side with the rights instruct gardeners to obey the decisions of the general meeting and its board, to use the site only for its intended purpose and to protect the land from damage.
The entire list of responsibilities is described in detail by the same law on gardening partnerships No. 66-FZ (Article 19). All the main issues and aspects of the dacha life of Russians given legal document regulates in sufficient detail. Its eleven chapters establish forms of farming (garden, vegetable garden or country house). The issues of land zoning, the nuances of providing plots for circulation and ownership, as well as issues relating to the creation and liquidation of gardening partnerships, their management, the rights and obligations of members and management are discussed in detail.
Issues related to gardening partnerships are also addressed in separate chapters of the Town Planning and Land Codes of the Russian Federation, as well as in the Civil and Tax Codes.
About residential buildings on plots
The Federal Law on Gardening Partnerships introduced the term “residential buildings” into use, which was not previously mentioned in the Housing Code. According to the latter, this type buildings are not considered an object of housing rights. But in fact, quite habitable houses have appeared everywhere on the lands of gardening partnerships, sometimes not just comfortable, but truly luxurious.
Back in the early 1990s, attempts were made to give “garden houses” the status of real housing. Federal Law No. 4218-1 of December 24, 1992 gave citizens who have their own buildings on their garden or summer cottage plots the right to re-register them as private property as residential buildings. Of course, provided that they comply with the standards for residential premises. But from March 1, 2005, the new Housing Code abolished this privilege.
In 2008, the Constitutional Court of the Russian Federation allowed certain residential garden buildings to be classified as housing stock.
The procedure for recognizing such as suitable for habitation is quite complicated, and the subjects of the federation themselves regulate the grounds and procedure for recognizing buildings as permanent housing.
Help from the authorities
The state provides all possible assistance to gardeners, primarily by creating transport and social infrastructure. This includes the construction of shops and consumer service points, sports grounds and children's playgrounds in SNT territories, assistance in organizing security, etc.
The most important issue for gardeners is transport accessibility. As a rule, local authorities try to provide assistance not only in laying and repairing roads, but also in organizing bus routes, especially on weekends.
Collectivism or individualism?
While there are a certain number of people who prefer individual management of dacha farming, the collective approach generally prevails. The law provides for members of partnerships the right to voluntarily withdraw by concluding an agreement on the use of roads and other common property. Such agreements provide for the payment of contributions of a specified amount.
Both members of gardening partnerships and “free” gardeners are required to pay land tax.
And yet there are few individualists. SNT, like other types of non-profit associations, have proven their effectiveness and ability to adapt to the conditions of the time.
About entrepreneurial activity
A gardening partnership, as already mentioned, that is, in this case, its members unite not to make a profit, but to satisfy their personal needs for agricultural products.
At the same time, the charter of the partnership may provide for the possibility of entrepreneurial activity. At the same time, the profit received should be used to develop the organization and help gardeners. Legal entities are not accepted as members of the gardening partnership.
Participant contributions - types and purpose
The Law on Gardening Partnerships explains what types of contributions exist for payment in such partnerships and how they differ.
Entry fees are understood as amounts contributed by members of a non-profit association for paperwork and organizational expenses.
Membership dues are funds regularly contributed by members of the association for current expenses, for example, for wages of hired workers under contracts (watchmen, electricians, etc.).
Targeted contributions are those made for the creation or acquisition of property for common use. This includes everything that is intended to provide on the territory of the gardening partnership the needs of its members for water supply, drainage, passage and travel, electricity and gas supply, heat, security, etc. These are roads, gates and public fences, water towers, boiler rooms, platforms for garbage, fire-fighting facilities, etc.
About taxes
SNT pays property tax for the land of the partnership. It is calculated depending on the area of land of gardening partnerships minus the plots of those members who own them. Such owners pay the tax themselves as individuals according to tax notices of the Federal Tax Service. Persons renting land pay tax through gardening.
Other points
Along the border of the territory, the gardening partnership must be surrounded by a fence (you can do without a fence if there are existing natural boundaries - a river, a ravine).
