Active Edition from 07.12.2011

Document name	FEDERAL LAW dated April 15, 1998 N 66-FZ (as amended on December 7, 2011 with amendments that entered into force on January 1, 2013) "ON GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS"
Type of document	law
Host body	president of the rf, cd rf, sf rf
Document Number	66-FZ
Acceptance date	23.04.1998
Revision date	07.12.2011
Date of registration in the Ministry of Justice	01.01.1970
Status	valid
Publication	This document has not been published in this form. (as amended on 15.04.98 - " Russian newspaper", N 79, 23.04.98; "Collection of Legislation of the Russian Federation", 20.04.98, N 16, art. 1801; "Financial newspaper", N 19, 05/12/98, N 20, 05/18/98)
Navigator	Notes

FEDERAL LAW dated April 15, 1998 N 66-FZ (as amended on December 7, 2011 with amendments that entered into force on January 1, 2013) "ON GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS"

The second paragraph is recognized as inconsistent with the Constitution of the Russian Federation, its articles 27 (part 1) and 55 (part 3), insofar as they exclude the possibility of registering citizens at the place of residence in residential buildings belonging to them on the right of ownership that are suitable for permanent residence and are located on garden plots related to agricultural land (Decree of the Constitutional Court of the Russian Federation of 06/30/2011 N 13-P).

garden land plot - a land plot provided to a citizen or acquired by him for growing berries, vegetables, melons or other crops and potatoes (with or without the right to erect a non-permanent residential building and outbuildings and structures, depending on the permitted use of the land plot, determined under zoning of the territory);

dacha land plot - a land plot provided to a citizen or acquired by him for the purpose of recreation (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and outbuildings and structures, as well as with the right to grow fruit, berry , vegetables, melons or other crops and potatoes);

horticultural, horticultural or dacha non-profit association of citizens (horticultural, horticultural or dacha non-profit partnership, horticultural, horticultural or dacha consumer cooperative, horticultural, horticultural or dacha non-profit partnership) - a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social - economic tasks of gardening, horticulture and dacha farming (hereinafter referred to as a horticultural, horticultural or dacha non-profit association);

entrance fees - cash contributed by members of a horticultural, horticultural or dacha non-profit association for organizational expenses for paperwork;

membership fees - funds periodically contributed by members of a horticultural, horticultural or dacha non-profit association to pay employees who have entered into employment contracts with such an association, and others current expenses such association;

target contributions - funds contributed by members of a horticultural, horticultural or dacha non-profit partnership or a horticultural, horticultural or dacha non-profit partnership for the acquisition (creation) of public facilities;

share contributions - property contributions made by members of a horticultural, horticultural or dacha consumer cooperative for the acquisition (creation) of common property;

additional contributions - funds contributed by members of a horticultural, gardening or dacha consumer cooperative to cover losses resulting from the implementation of measures approved by the general meeting of members of the consumer cooperative;

public property - property (including land plots) intended to provide, within the territory of a horticultural, gardening or country non-profit association, the needs of members of such a non-profit association in the passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire protection facilities, etc.).

1. This Federal Law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of horticulture, horticulture and dacha farming by citizens, and establishes the legal status of horticultural, horticultural and dacha non-profit associations, the procedure for their creation, activity, reorganization and liquidation, the rights and obligations of their members.

Land relations arising in connection with the creation of horticultural, horticultural or dacha non-profit associations, as well as in connection with the activities of such associations, are regulated by this Federal Law to the extent that they are not regulated by law. Russian Federation.

2. This Federal Law applies to all horticultural, horticultural and dacha non-profit associations created on the territory of the Russian Federation, as well as to previously established horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives.

Legal regulation gardening, horticulture and dacha farming by citizens is carried out in accordance with the Constitution of the Russian Federation, civil, land, town planning, administrative, criminal and other legislation of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation, as well as laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.

Chapter II. FORMS OF GARDENING, HORTICULTURE AND COUNTRY HOUSE MANAGEMENT BY CITIZENS

1. Citizens in order to exercise their rights to receive garden, garden or country land plots, possession, use and disposal of these land plots, as well as in order to meet the needs associated with the exercise of such rights, may create horticultural, horticultural or dacha non-profit partnerships, horticultural, horticultural or dacha consumer cooperatives or horticultural, horticultural or dacha non-profit partnerships.

2. In a horticultural, horticultural or dacha non-commercial partnership, common use property acquired or created by such a partnership at the expense of earmarked contributions is the joint property of its members. Common property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, horticultural or dacha non-profit partnership is the property of such a partnership as a legal entity. The special fund consists of entrance and membership fees of members of such a partnership, income from its economic activity, as well as funds provided to a horticultural, horticultural or dacha non-profit partnership in accordance with Articles , and this Federal Law, other income. The funds of the special fund are spent for purposes corresponding to the tasks provided for by the charter of such a partnership.

Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.

3. Members of a horticultural, horticultural or dacha consumer cooperative, through the pooling of share contributions, create common property owned by such a cooperative as a legal entity. Part of the said property may be allocated to an indivisible fund.

Members of a horticultural, horticultural or dacha consumer cooperative are obliged to annually cover the resulting losses by making additional contributions, and also bear subsidiary liability for the obligations of such a cooperative within the unpaid part of the additional contribution of each of the members of such a cooperative.

4. In a horticultural, horticultural or dacha non-commercial partnership, common property acquired or created by such a partnership with contributions from its members shall be the property of the horticultural, horticultural or dacha non-commercial partnership as a legal entity.

Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.

1. A horticultural, horticultural or dacha non-profit association has a name containing an indication of its organizational and legal form and the nature of its activities and, accordingly, the words "non-profit partnership", "consumer cooperative", "non-profit partnership".

2. The location of a horticultural, horticultural or dacha non-profit association is determined by the place of its state registration.

1. A horticultural, horticultural or dacha non-profit association, as a non-profit organization, has the right to carry out entrepreneurial activity corresponding to the goals for which it was created.

2. A horticultural, horticultural or dacha non-profit association is considered established from the moment of its state registration, owns separate property, income and expenditure estimates, a seal with the full name of such an association in Russian or in Russian and the state language of the corresponding republic.

3. A horticultural, horticultural or dacha non-profit association shall have the right, in accordance with the established procedure, to open bank accounts on the territory of the Russian Federation, to have stamps and letterheads with its name, as well as an emblem registered in accordance with the established procedure.

A horticultural, horticultural or dacha non-profit association, in accordance with civil law, has the right to:

carry out the actions necessary to achieve the goals provided for by this Federal Law and the charter of such an association;

be liable for their obligations with their property;

acquire and exercise property and non-property rights on its own behalf;

attract borrowed funds;

conclude contracts;

act as a plaintiff and defendant in court;

apply to the court, arbitration court with applications for invalidation (in whole or in part) of acts of bodies state power, acts of local self-government bodies or on violation by officials of the rights and legitimate interests of a horticultural, horticultural or dacha non-profit association;

create associations (unions) of horticultural, horticultural or dacha non-profit associations;

to exercise other powers that do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

1. Citizens have the right to conduct gardening, horticulture or dacha farming in individually.

2. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association shall have the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association.

In the event of non-payment of the fees established by agreements for the use of infrastructure facilities and other common-use property of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in gardening, horticulture or dacha farming on an individual basis are deprived of the right to use the objects infrastructure and other common property of a horticultural, horticultural or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association are recovered in court.

Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure and other common property of such an association.

The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, may not exceed the amount of payment for use of the said property for the members of such an association.

1. Horticultural, horticultural and dacha non-profit associations may create local and inter-district associations (unions).

Decisions on the participation of horticultural and inter-district associations (unions).

Decisions on the participation of horticultural, horticultural and dacha non-profit associations in a local or interdistrict association (union) are made by general meetings of members of such associations.

Draft constituent agreements and draft charters of local or inter-district associations (unions) are approved by general meetings of members of horticultural, horticultural and dacha non-profit associations and signed by the chairmen of the boards of such associations.

2. Local and inter-district associations (unions) have the right to create regional (territorial, regional, republican, district) associations (unions).

Decisions on the participation of local and inter-district associations (unions) in regional associations (unions) are made at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (inter-district) associations (unions).

Draft constituent agreements and draft charters of regional associations (unions) are approved at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (interdistrict) associations (unions) and signed by the chairmen of the boards of local and interdistrict associations (unions).

3. Regional associations (unions) may create a federal association (union).

Decisions on the participation of regional associations (unions) in the federal association (union) are made at conferences of delegates of local and interdistrict associations (unions) - members of the respective regional associations (unions).

The draft constituent agreement and the draft charter of the federal association (union) are approved at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions) and signed by the chairmen of the boards of regional associations (unions).

4. Local, inter-district, regional (territorial, regional, republican, district) and federal associations (unions) are created in order to coordinate the activities, represent and protect the interests of horticultural, horticultural and dacha non-profit associations in relations with state authorities, local governments, public and other organizations, as well as for the purpose of providing information, legal and other services in the field of horticulture, horticulture and dacha farming.

5. Local, inter-district, regional and federal associations (unions) are non-profit organizations.

6. A member of an association (union) retains its independence and the right of a legal entity.

7. The name of an association (union) must contain an indication of the main purpose of its members and the word "association" ("union").

8. Financing of the activities of the governing bodies of the association (union) is carried out at the expense of the contributions of their founders.

9. An association (union) of horticultural, horticultural or dacha non-profit associations is not liable for the obligations of its members, and the members of such an association (union) bear subsidiary liability for its obligations in the amount and in the manner established by the constituent documents of such an association (union).

10. Association (union) of horticultural, horticultural or dacha non-profit associations has the right to participate in the activities international organizations gardeners, gardeners and summer residents in the manner prescribed by these organizations.

11. The procedure for the creation, reorganization or liquidation of an association (union) of horticultural, horticultural or dacha non-profit associations, the composition and competence of its management bodies, as well as the activities of such an association (union) are regulated by the Federal Law "On non-profit organizations", the Federal Law "On public associations", other federal laws, the constituent agreement and the charter of the association (union).

12. A local, inter-district or regional association (union) of horticultural, horticultural or dacha non-profit associations may be granted the right to check the economic and financial activities such associations with the presentation of the results of the audit to the boards of horticultural, horticultural or dacha non-profit associations and general meetings of their members.

1. Horticultural, horticultural and dacha non-profit associations and associations (unions) of such associations have the right to open their representative offices on the territory of the Russian Federation. Representative offices can be opened at organizations that produce or sell planting material for crops, fertilizers, means of protecting crops from pests and diseases, Construction Materials, agricultural machinery and inventory, agricultural and other products.

2. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is separate subdivision, located outside the location of a horticultural, horticultural or dacha non-profit association or association (union) of such associations, representing their interests and protecting them.

3. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is not a legal entity, is endowed with the property of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it and acts on the basis of an approved by such an association or association ( union) provisions. The property of the said representative office is under its operational management and is accounted for on a separate balance sheet and on the balance sheet of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it.

4. A representative office of a horticultural, horticultural or dacha non-profit association or association (union) of such associations operates on behalf of the association or association (union) of such associations that created it. Responsibility for the activities of the representative office shall be borne by the horticultural, horticultural or dacha non-profit association that created it or the association (union) of such associations.

The head of the representative office is appointed by a horticultural, horticultural or dacha non-profit association or an association (union) of such associations and acts on the basis of a power of attorney issued by such an association or association (union).

1. Gardeners, gardeners and summer residents have the right to create mutual lending funds, rental funds, other funds in the manner prescribed by the Civil Code of the Russian Federation.

2. Mutual lending funds are created for the purpose of providing loans for the construction and repair of residential buildings, residential buildings, utility buildings and structures, the improvement of garden, vegetable garden and summer cottage land plots. Loans are issued only to the founders of a mutual lending fund.

The Mutual Lending Fund operates on the basis of the charter approved by the founders.

The charter of a mutual lending fund, in addition to the information specified in the articles of the Civil Code of the Russian Federation, must contain:

information about the amount of the founder's contribution;

information about the objects of lending;

order of priority for granting a loan;

rules for conducting cash transactions;

a list of officials authorized to conduct cash transactions;

the procedure for monitoring compliance with cash discipline and responsibility for its violation;

the procedure for auditing the mutual lending fund;

information about the banks in which the cash of the mutual lending fund is kept.

3. Rental funds are created by gardeners, gardeners and summer residents in order to provide for the founders of horticultural, horticultural and dacha non-profit associations modern means production, used in the construction and repair of residential buildings, residential buildings, utility buildings and structures, improvement and processing of garden, garden and summer cottages.

The rental fund operates on the basis of the charter approved by the founders.

The charter of the rental fund, in addition to the information specified in the articles and the Civil Code of the Russian Federation, must contain:

information on the amount of the founder's target contribution;

a list of means of production purchased for the rental fund;

the procedure for providing gardeners, gardeners and summer residents with means of production for temporary use;

a list of officials responsible for organizing the work of the rental fund.

Chapter III. ZONING OF THE TERRITORY AND PROVISION OF GARDEN, GARDEN AND COUNTRY LAND PLOTS

1. When zoning the territory, zones are determined that are most favorable for the development of horticulture, horticulture and dacha farming based on natural and economic conditions, as well as on the basis of the costs of developing inter-settlement social and engineering and transport infrastructures and in which the establishment of minimum restrictions on the use of land plots.

2. The zoning schemes for the placement of horticultural, horticultural and dacha non-profit associations must contain information about the location, area and intended purpose of land plots, the permitted use of land plots, as well as information about the rights on which land plots in a particular zone can be provided to citizens .

(as amended by Federal Law No. 118-FZ of June 26, 2007)

This scheme serves as the basis for determining the volume of construction of access roads, power supply facilities, communications, as well as for the development public transport, trade, medical and consumer services to the population.

3. The customers of the zoning schemes for the placement of horticultural, horticultural and dacha non-profit associations are local governments. The procedure for financing the development of these schemes is determined by local governments.

Clause 4 - Repealed.

1. Providing citizens with garden, garden and summer cottages is the responsibility of local governments at the place of residence of citizens.

2. Registration and registration of applications of citizens in need of obtaining garden, garden or country plots of land are maintained by local self-government bodies separately. The sequence of granting garden, garden or country plots of land is determined on the basis of registration of the relevant applications.

Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, have a pre-emptive right to receive garden, garden or summer cottage land plots are included in a separate list.

Lists of citizens who have submitted an application for the provision of a garden, garden or summer cottage land plot, and changes in these lists are approved by the local self-government body and brought to the attention of interested citizens.

Clause 3 - Repealed.

4. The local self-government body, on the basis of an approved list of citizens who have submitted an application for the provision of a garden, vegetable garden or dacha land plot, determines the needs for garden, garden or dacha land plots. The calculation is made on the basis of the established norms for the provision of land plots, taking into account the need for the placement of common property.

Clause 5 - Repealed.

1. The local government body at the place of residence of the applicants, in accordance with the need for land plots and taking into account the wishes of citizens, petitions the local government body in charge of the land redistribution fund for the selection (preliminary approval) of the relevant land plots.

2. The body in charge of the land redistribution fund, taking into account the zoning schemes of territories for the placement of horticultural, horticultural and summer non-profit associations, proposes options for the provision of land plots or gives a conclusion on the impossibility of allocating land plots.

3. On the basis of the chosen option for the placement of land plots and their size, the local government, taking into account the wishes of citizens and with their consent, forms the personal composition of members of a horticultural, horticultural or dacha non-profit association.

4. After the state registration of a horticultural, horticultural or dacha non-profit association, a land plot is provided free of charge to such an association in accordance with land legislation. After the approval of the project for the organization and development of the territory of such an association and the adoption of this project in kind, members of a horticultural, horticultural or dacha non-profit association are provided with land plots in their ownership. When transferring for a fee, a land plot is initially provided to the joint ownership of the members of such an association, followed by the provision of land plots to the ownership of each member of a horticultural, horticultural or dacha non-profit association.

Land plots related to common use property are provided to a horticultural, horticultural or dacha non-profit association as legal entity to the property.

The general meeting of members of a horticultural non-profit association has the right to decide on assigning to such an association as a legal entity all the land plots granted to it.

5. Horticultural, horticultural and dacha non-profit associations, formed in accordance with departmental affiliation or other principles, are provided with land plots in the manner prescribed by paragraph 4 of this article.

Clause 6 - Repealed.

1. On the territory municipality in accordance with the legislation, zones may be allocated in which garden, garden and dacha land plots are not provided or the rights to use them are limited (specially protected natural territories, territories with registered mineral deposits, especially valuable agricultural lands, reserve territories for the development of urban and other settlements, territories with developed karst, landslide, mudflow and other natural processes that pose a threat to the life or health of citizens, a threat to the safety of their property).

Item 2 - Repealed.

Chapter IV. CREATION OF GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS OF MEMBERS OF GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS

1. A horticultural, horticultural or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or as a result of the reorganization of a horticultural, horticultural or dacha non-profit association.

2. The number of members of a horticultural, horticultural or dacha non-profit association must be at least three people.

3. The founding document of a horticultural, horticultural or dacha non-profit association is the charter approved by the general meeting of the founders of the non-profit association.

4. The charter of a horticultural, horticultural or dacha non-profit association must specify:

organizational and legal form;

name and location;

the subject and goals of the activity;

the procedure for admission to membership in such an association and withdrawal from it;

the rights and obligations of such an association;

the rights, duties and responsibilities of the members of such an association;

the procedure for making entrance, membership, target, share and additional contributions and the liability of members of such an association for violation of obligations to make these contributions;

the procedure for the participation of a member of such an association in work performed collectively on the basis of a decision of the general meeting of members of such an association or a meeting of authorized persons or on the basis of a decision of the board of such an association;

the structure and procedure for the formation of management bodies of such an association, their competence, the procedure for organizing activities;

the composition and competence of the control bodies of such an association;

the procedure for the formation of the property of such an association and the procedure for paying the value of a part of the property or issuing a part of the property in kind in the event of a citizen withdrawing from the membership of such an association or liquidating such an association;

terms of remuneration for employees who have concluded employment contracts with such an association;

the procedure for changing the charter of such an association;

the grounds for and procedure for exclusion from membership of such an association and the application of other measures of influence for violation of the charter or internal regulations of such an association;

the procedure for reorganization and the procedure for the liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, horticultural or dacha non-profit associations, the procedure for opening its representative office.

The charter of a horticultural, horticultural or dacha consumer cooperative also indicates the liability of the members of such a cooperative for its debts.

The charter of a horticultural, horticultural or dacha non-profit partnership also indicates the procedure for the formation of a special fund that is the property of such a partnership.

5. The provisions of the charter of a horticultural, horticultural or dacha non-profit association may not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

6. Decisions of the governing bodies of a horticultural, horticultural or dacha non-profit association may not contradict its charter.

State, registration of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by federal law

(as amended by Federal Law No. 31-FZ of March 21, 2002, No. 169-FZ of December 8, 2003)

Items 2 - 5 - Excluded.

1. Citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of such a partnership (partnership) may be members of a horticultural, horticultural or dacha non-profit partnership (horticultural, horticultural or dacha non-profit partnership).

Citizens of the Russian Federation who have reached the age of sixteen years and have land plots within the boundaries of such a cooperative may be members of a horticultural, horticultural or dacha consumer cooperative.

2. Members of a horticultural, horticultural or dacha non-profit association may be, in accordance with civil law, the heirs of members of a horticultural, horticultural or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of gifts or other land transactions.

3. Foreign citizens and stateless persons may become members of horticultural, horticultural or dacha non-profit associations. The rights of foreign citizens and stateless persons to garden, garden, country plots of land are determined in accordance with the legislation of the Russian Federation.

(as amended by Federal Law No. 118-FZ of June 26, 2007)

4. The founders of a horticultural, horticultural or dacha non-profit association shall be considered accepted as members of such an association from the moment of its state registration. Other persons joining such an association are accepted as members by the general meeting of members of the horticultural, horticultural or dacha non-profit association.

5. Within three months from the date of admission to its members, the board of such an association must issue a membership book or other document replacing it to each member of a horticultural, horticultural or dacha non-profit association.

1. A member of a horticultural, horticultural or dacha non-profit association has the right to:

1) elect and be elected to the management bodies of such an association and its control body;

2) receive information about the activities of the management bodies of such an association and its control body;

3) manage independently on their land plot in accordance with its permitted use;

4) to carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of a residential building, utility buildings and structures - on a garden plot of land; a residential building or a residential building, utility buildings and structures - on a summer cottage; non-capital residential buildings, utility buildings and structures - on a garden plot;

5) dispose of their land and other property in cases where they are not withdrawn from circulation or restricted in circulation on the basis of the law;

6) in the event of the alienation of a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of common-use property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; a property share in the amount of a share contribution, with the exception of the part that is included in the indivisible fund of a horticultural, horticultural or dacha consumer cooperative; buildings, structures, structures, fruit crops;

7) upon liquidation of a horticultural, horticultural or dacha non-profit association, to receive the due share of common use property;

8) apply to the court to invalidate the decisions of the general meeting of members of the horticultural, horticultural or dacha non-profit association or the meeting of authorized persons, as well as decisions of the board and other bodies of such an association that violate his rights and legitimate interests;

9) voluntarily withdraw from a horticultural, horticultural or dacha non-profit association with the simultaneous conclusion of an agreement with such an association on the procedure for use and operation engineering networks, roads and other common property;

10) carry out other actions not prohibited by law.

2. A member of a horticultural, horticultural or dacha non-profit association must:

1) bear the burden of maintaining the land plot and the burden of liability for violation of the law;

2) bear subsidiary liability for the obligations of a horticultural, horticultural or dacha consumer cooperative within the unpaid part of the additional contribution of each of the members of such a cooperative;

3) use the land plot in accordance with its intended purpose and permitted use, not damage the land as a natural and economic object;

4) not violate the rights of members of such an association;

5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;

6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;

7) within three years to develop a land plot, unless another period is established by land legislation;

8) comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations);

9) participate in events held by such an association;

10) participate in general meetings members of such an association;

11) implement the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association;

12) comply with other requirements established by laws and the charter of such an association.

Chapter V

1. The governing bodies of a horticultural, horticultural or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.

The general meeting of members of a horticultural, horticultural or dacha non-profit association is the supreme governing body of such an association.

2. A horticultural, horticultural or dacha non-profit association has the right to hold a general meeting of its members in the form of a meeting of authorized representatives.

Representatives of a horticultural, horticultural or dacha non-profit association are elected from among the members of such an association and cannot transfer the exercise of their powers to other persons, including members of a horticultural, horticultural or dacha non-profit association.

The authorized representatives of a horticultural, horticultural or dacha non-profit association are elected in accordance with the charter of such an association, which establishes:

1) the number of members of such an association from which one representative is elected;

2) the term of office of an authorized such association;

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

4) the possibility of early re-election of the authorized representatives of such an association.

(as amended by Federal Law No. 137-FZ of November 22, 2000)

1. The exclusive competence of the general meeting of members of a horticultural, horticultural and dacha non-profit association (meeting of authorized persons) includes the following issues:

1) amendments to the charter of such an association and additions to the charter or approval of the charter in new edition;

2) admission to membership in such an association and exclusion from its members;

3) determination of the quantitative composition of the board of such an association, election of members of its board and early termination of their powers;

4) election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of such an association;

5) election of members audit commission(auditor) of such an association and early termination of their powers;

6) election of members of the commission for 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, horticultural or country non-profit associations;

8) approval of the internal regulations of such an association, including the holding of a general meeting of members of such an association (a meeting of authorized persons); the activities of his board; work of the audit commission (auditor); work of the commission on control over observance of the legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; the internal work schedule of such an association;

9) making decisions on reorganization or liquidation of such an association, appointment of a liquidation commission, as well as approval of interim and final liquidation balance sheets;

10) making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as establishing the size of trust funds and relevant contributions;

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

12) approval of the income and expenditure estimates of such an association and the adoption of decisions on its implementation;

13) consideration of complaints against decisions and actions of members of the board, chairman of the board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials of the mutual lending fund and officials of the rental fund;

14) approval of the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund;

15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund and members of such an association;

16) making a decision on the acquisition of a land plot related to common property in the ownership of such an association.

The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) has the right to consider any issues related to the activities of such an association and make decisions on them.

2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized persons) is held by decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the suggestion of a local self-government body or at least one fifth of the total number of members of such an association.

The board of a horticultural, horticultural or dacha non-profit association is obliged, within seven days from the date of receipt of the proposal of the local government or at least one fifth of the total number of members of such an association or the request of the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting authorized) to consider the said proposal or demand and make a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives) or to refuse to hold it.

The board of a horticultural, horticultural or dacha non-profit association may refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons) if the procedure established by the charter of such an association for submitting a proposal or making a request to convene an extraordinary general meeting of its members (meeting of authorized persons) is not followed.

If the board of a horticultural, horticultural or dacha non-profit association makes a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons), the said general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) must be held no later than thirty days from the date of receipt of an offer or request for its implementation. In the event that the board of a horticultural, horticultural or dacha non-profit association has decided to refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons), it informs in writing the audit commission (auditor) of such an association or members of such an association or a local self-government body, requiring an extraordinary general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons), about the reasons for the refusal.

The refusal of the board of a horticultural, horticultural or dacha non-profit association to satisfy a proposal or demand to hold an extraordinary general meeting of members of such an association (meeting of authorized persons) of the audit commission (auditor), members of such an association, a local government body may appeal in court.

Notification of members of a horticultural, horticultural or dacha non-profit association of a general meeting of its members (a meeting of authorized persons) may be carried out in writing (postcards, letters), by means of appropriate messages in the media mass media, as well as by placing appropriate announcements on information boards located on the territory of such an association, unless its charter establishes a different notification procedure. Notification of holding a general meeting of members of such an association (meeting of authorized persons) shall be sent no later than two weeks before the date of its holding. The notice of holding a general meeting of members of such an association (a meeting of authorized persons) must indicate the content of the issues submitted for discussion.

The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is competent if more than fifty percent of the members of such an association (not less than fifty percent of authorized persons) are present at the said meeting. A member of such an association has the right to participate in voting personally or through his representative, whose powers must be formalized by a power of attorney certified by the chairman of such an association.

The chairman of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) is elected by a simple majority of votes of the members of such an association present at the general meeting.

Decisions on amendments to the charter of such an association and additions to its charter or on approval of the charter in a new edition, exclusion from the membership of such an association, on its liquidation and (or) reorganization, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are taken by the general meeting members of such an association (by a meeting of authorized persons) by a two-thirds majority.

Other decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are adopted by a simple majority of votes.

Decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner prescribed by the charter of such an association.

A member of a horticultural, horticultural or dacha non-profit association has the right to appeal to the court the decision of the general meeting of its members (meeting of authorized persons) or the decision of the governing body of such an association, which violate the rights and legitimate interests of a member of such an association.

3. If necessary, the decision of the general meeting of members of a horticultural, horticultural or dacha non-profit association may be taken by absentee voting (by poll).

The procedure and conditions for conducting absentee voting are established by the charter of a horticultural, horticultural and dacha non-profit association and the internal regulations on conducting absentee voting, which should provide for the text of the ballot for absentee voting, the procedure for informing members of such an association of the proposed agenda, familiarizing themselves with the necessary information and documents, making proposals on the inclusion of additional issues on the agenda, as well as an indication of a specific deadline for the end of the absentee voting procedure.

(as amended by Federal Law No. 137-FZ of November 22, 2000)

A general meeting of members of a horticultural, horticultural or dacha non-profit association cannot be held in absentia if the agenda includes the approval of income and expenditure estimates, reports of the board and the audit commission (auditor) of such an association.

(as amended by Federal Law No. 137-FZ of November 22, 2000)

1. The board of a horticultural, horticultural or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members of such an association (meeting of authorized persons).

In its activities, the board of a horticultural, gardening or dacha non-profit association is guided by this Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, the regulatory legal acts of local governments and the charter of such an association.

The board of a horticultural, horticultural or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such an association (a meeting of authorized persons), unless otherwise provided by the charter of such an association. The number of members of the board is established by the general meeting of members of such an association (meeting of authorized persons).

The issue of early re-election of members of the board may be raised at the request of at least one third of the members of such an association.

2. Meetings of the board of a horticultural, horticultural or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, and also as necessary.

Board meetings are competent if at least two thirds of its members are present.

Decisions of the board of a horticultural, horticultural or dacha non-profit association are binding on all members of such an association and its employees who have concluded labor contracts with such an association.

3. The competence of the board of a horticultural, horticultural or dacha non-profit association includes:

1) practical implementation of decisions of the general meeting of members of such an association (meeting of authorized persons);

2) making a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons) or to refuse to hold it;

3) operational management of the current activities of such an association;

4) drawing up income and expenditure estimates and reports of such an association, submitting them for approval by the general meeting of its members (meeting of authorized persons);

5) disposal of tangible and intangible assets of such an association to the extent necessary to ensure its current activities;

6) organizational and technical support for the activities of the general meeting of members of such an association (meeting of authorized persons);

7) organizing accounting and reporting of such an association, preparing an annual report and submitting it for approval by the general meeting of members of such an association (meeting of authorized persons);

8) organizing the protection of the property of such an association and the property of its members;

9) organizing insurance of the property of such an association and the property of its members;

10) organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;

11) purchase and delivery of planting material, garden tools, fertilizers, pesticides;

12) ensuring the office work of such an association and the maintenance of its archive;

13) employment in such an association of persons under employment contracts, their dismissal, encouragement and imposition of penalties on them, keeping records of employees;

14) control over the timely payment of entrance, membership, targeted, share and additional fees;

15) making transactions on behalf of such a combination;

(as amended by Federal Law No. 137-FZ of November 22, 2000)

16) assistance to members of such an association in the gratuitous transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;

17) exercise foreign economic activity such association;

18) compliance by such an association with the legislation of the Russian Federation and the charter of such an association;

19) consideration of applications of members of such an association.

(as amended by Federal Law No. 137-FZ of November 22, 2000)

The board of a horticultural, horticultural or dacha non-profit association, in accordance with the legislation of the Russian Federation and the charter of such an association, has the right to make decisions necessary to achieve the goals of the activities of such an association and ensure its normal operation, with the exception of decisions that relate to issues referred to by this Federal Law and the charter of such an association to the competence of the general meeting of its members (meeting of authorized persons).

1. The board of a horticultural, horticultural or dacha non-profit association is headed by a chairman of the board elected from among the members of the board for a term of two years.

The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.

The chairman of the board, in case of disagreement with the decision of the board, has the right to appeal against 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, horticultural or dacha non-profit association acts without a power of attorney on behalf of such an association, including:

1) chair the meetings of the board;

2) has the right of first signature under financial documents that, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of members of such an association (meeting of authorized persons);

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

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

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

6) ensures the development and submission for approval of the general meeting of members of such an association (meeting of authorized persons) of the internal regulations of such an association, the provisions on the remuneration of employees who have concluded employment contracts with such an association;

7) carries out representation on behalf of such an association in state authorities, local governments, as well as in organizations;

8) consider applications of members of such an association.

The chairman of the board of a horticultural, horticultural or dacha non-profit association, in accordance with the charter of such an association, performs other duties necessary to ensure the normal operation of such an association, with the exception of the duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.

1. The chairman of the board of a horticultural, horticultural or dacha non-profit association and the members of its board, in the exercise of their rights and the performance of established duties, must act in the interests of such an association, exercise their rights and perform the established duties conscientiously and reasonably.

2. The chairman of the board of a horticultural, horticultural or dacha non-profit association and members of its board shall be liable to such an association for losses caused to such an association by their actions (inaction). At the same time, the members of the management board who voted against the decision, which entailed the infliction of losses on such a merger, or who did not take part in the voting, are not liable.

The chairman of the board and its members, in case of revealing financial abuses or violations, causing losses to such an association, may be subject to disciplinary, material, administrative or criminal liability in accordance with the law.

1. Control over the financial and economic activities of a horticultural, horticultural or dacha non-profit association, including the activities of its chairman, members of the board and board, is carried out by an audit commission (auditor) elected from among the members of such an association by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).

The procedure for the work of the audit commission (auditor) and its powers are governed by the regulation on the audit commission (auditor) approved by the general meeting of members of such an association (meeting of authorized persons).

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

2. Members of the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association shall be liable for improper performance of the duties provided for by this Federal Law and the charter of such an association.

3. The audit commission (auditor) of a horticultural, horticultural or dacha non-profit association is obliged to:

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

2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one-fifth of the total number of members of such an association or one third of the total number of members of its board;

3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized persons) with the presentation of recommendations on the elimination of identified violations;

4) report to the general meeting of members of such an association (meeting of authorized persons) on all detected violations in the activities of the governing bodies of such an association;

5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications from members of such an association.

4. Based on the results of the audit, when creating a threat to the interests of a horticultural, horticultural or dacha non-profit association and its members, or if abuses are revealed by members of the board of such an association and the chairman of the board, the audit commission (auditor), within its powers, has the right to convene an extraordinary general meeting of members of such an association.

1. In order to prevent and eliminate pollution of surface and groundwater, soil and atmospheric air with household waste and sewage, compliance with sanitary and other rules for the maintenance of land plots related to public property, garden, vegetable garden and summer cottage land plots and territories adjacent to them, ensuring compliance with the rules fire safety in the operation of stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history and culture, at a general meeting of members of a horticultural, horticultural or summer cottage non-profit association (a meeting of authorized persons), a commission of such an association to monitor compliance with the law may be elected, which operates under the direction of the board of such an association.

2. The commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with legislation provides advisory assistance to members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forestry, water legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, on fire safety, draws up acts on violations of the law and submits such acts for action to the board of such an association, which has the right to submit them to government bodies supervising compliance with the law.

State bodies exercising control over compliance with the law provide advisory and practical assistance to the members of this commission and without fail consider the submitted acts on violations of the law.

3. Members of the commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with the law may, in accordance with the established procedure, be appointed public inspectors of state bodies exercising control over compliance with the law and endowed with appropriate powers.

4. In a horticultural, horticultural or dacha non-profit association with less than thirty members, the commission for monitoring compliance with the legislation may not be elected, its functions in this case are assigned to one or more members of the board of such an association.

1. Minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association (meetings of authorized persons) are signed by the chairman and secretary of such a meeting; these protocols are certified by the seal of such an association and are kept permanently in its files.

2. The minutes of the meetings of the board and the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association, the commission of such an association for monitoring compliance with the law are signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the commission of such an association for monitoring compliance with compliance with the law; these protocols are certified by the seal of such an association and are kept permanently in its files.

3. Copies of the minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association, meetings of the board, the audit commission (auditor) of such an association, the commission of such an association for monitoring compliance with the law, certified extracts from these protocols are submitted for familiarization to the members of such an association at their request, as well as to the local self-government body on the territory of which such an association is located, to state authorities of the corresponding subject of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.

Chapter VI. FEATURES OF PROVISION OF OWNERSHIP AND TURNOVER OF GARDEN, GARDEN AND COUNTRY LAND PLOTS

1. Provision of ownership of land plots to gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations that have received such land plots from lands that are state or municipal property is carried out without bidding for a fee or free of charge in cases established by federal laws , laws of subjects of the Russian Federation.

2. Land plots related to common use property are subject to transfer to the ownership of a horticultural, horticultural or dacha non-profit association free of charge.

3. Citizens who own garden, garden or dacha land plots on the basis of the right of lifetime inheritable possession or permanent (perpetual) use are entitled to register ownership of such land plots in accordance with Article 25.2 of Federal Law No. 122-FZ of July 21, 1997 "On state registration of rights to real estate and transactions with it. Decision-making on granting such land plots to the said citizens in the ownership of such land plots in this case is not required.

4. In the event that a land plot constituting the territory of a horticultural, horticultural or dacha non-profit association is provided to this non-profit association or other organization under which this non-profit association was created (organized) before the entry into force of this Federal Law, a citizen who is a member of this of a non-profit association, has the right to acquire ownership of a land plot free of charge provided to it in accordance with the project for organizing and developing the territory of this non-profit association or another document establishing the distribution of land plots in this non-profit association. The provision in the specified case of such a land plot in the ownership of this citizen is carried out by the executive body of state power or local self-government body that has the right to provide such a land plot, on the basis of an application from this citizen or his representative. The following documents are attached to this application:

Description of the location of such land, prepared by this citizen;

the conclusion of the board of this non-profit association, which indicates the citizen to whom such a land plot is assigned, and confirms the compliance of the specified description of the location of such a land plot with the location of the boundaries of the land plot actually used by the citizen.

In the event that none of the members of this non-profit association has previously filed an application for granting a land plot for ownership, the specified body independently requests:

information on title documents for a land plot constituting the territory of this non-profit association, in the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It ( in other cases, the specified information is requested from the applicant);

information about this non-profit association contained in the unified state register of legal entities, in the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) households.

(as amended by Federal Law No. 169-FZ of July 1, 2011)

5. The provision of ownership of a land plot related to common use property is carried out by the executive body of state power or local government that has the right to provide such a land plot, on the basis of an application filed by a person who has the right to act without a power of attorney on behalf of a horticultural, gardening or dacha non-profit association or authorized by the general meeting of members of this non-profit association (meeting of authorized persons) to submit the said application, in accordance with the decision of the general meeting of members of this non-profit association (meeting of authorized persons) to acquire such a land plot in the ownership of this non-profit association. The following documents are attached to this application:

a description of the location of such a land plot, prepared by a horticultural, horticultural or dacha non-profit association;

Paragraph 3. - No longer valid.

Extract from the decision of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) on the acquisition of a land plot related to public property into the ownership of this non-profit association;

constituent documents of a horticultural, horticultural or dacha non-profit association (originals or notarized copies), confirming the right of the applicant to act on behalf of this non-profit association without a power of attorney, or an extract from the decision of the general meeting of members of this non-profit association (meeting of authorized persons), in accordance with which the applicant was authorized to make the said application.

Information on title documents for a land plot constituting the territory of a given non-profit association is requested by the executive authority and local government authority that has the authority to provide the specified land plot to the federal executive authority authorized to state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from the applicant).

6. The executive body of state power or local self-government body, which has the right to provide the relevant land plot, within two weeks from the date of receipt of the application and required documents in accordance with paragraph 4 or 5 of this article is obliged to make a decision on granting the ownership of such a land plot or on refusing to grant it.

The basis for refusal to grant ownership of a land plot is the prohibition established by federal law on granting a land plot to private ownership.

Zakonbase : Article 28 regarding documents and information used within public services provided executive bodies state authorities of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information at the disposal of state bodies of the constituent entities of the Russian Federation, local authorities, territorial state off-budget funds or organizations subordinate to state bodies or local self-government bodies participating in the provision of state or municipal services, does not apply until 07/01/2012 (paragraph 5

The turnover of garden, garden and country plots of land is regulated by civil legislation, unless otherwise provided by land legislation.

Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY OF A GARDENING, GARDENING OR COUNTRY NON-PROFIT ASSOCIATION

1. The development of projects for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is carried out in accordance with the rules for land use and development established by land and urban planning legislation, the system of state urban planning standards and rules.

2. A horticultural, horticultural or dacha non-profit association, as a legal entity, has the right to proceed with the arrangement of a land plot allocated to it (construction of access roads, fences, land reclamation and other works) after the issuance of documents certifying the right of such an association to a land plot.

Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, garden or dacha land plots after the organization and development of the territory of such an association has been carried out and the general meeting of its members (meeting of authorized persons) approves the distribution of garden, garden or dacha land plots among members such an association.

A gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens on the basis of ownership, has the right to start using the allocated land plot without drawing up a project for the organization and development of the territory of such an association.

3. A project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association shall be drawn up on the basis of a petition from its board. Attached to this request are:

Paragraph 2. - No longer valid.

materials of topographic survey, and, if necessary, materials of engineering and geological surveys;

architectural and planning task;

technical conditions for engineering support of the territory of such an association.

The project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is agreed with such an association that ordered this project, and is approved within two weeks by the local government on whose territory the land plot has been allocated.

Documents required for coordination and approval project documentation, are:

a project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with an explanatory note;

budget and financial calculations;

graphic materials on a scale of 1:1000 or 1:2000 containing a master plan for the development of the territory of a horticultural, horticultural or country non-profit association, a drawing of transferring the specified project to the area, a diagram of engineering networks.

Copies of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government.

Information about documents certifying the right of such an association to land is requested from the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from a horticultural, horticultural or dacha non-profit association).

Zakonbase : Clause 3 of Article 32 in relation to documents and information used in the framework of public services provided by the executive bodies of state power of the constituent entities of the Russian Federation or territorial state non-budgetary funds, and municipal services, and in relation to documents and information held by state bodies of the constituent entities of the Russian Federation Federation, local self-government bodies, territorial state non-budgetary funds or organizations subordinate to state bodies or local self-government bodies participating in the provision of state or municipal services, does not apply until 07/01/2012

1. The standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association are established by local governments in the manner prescribed by urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics. The basis for this is the basic standards for the organization and development of the territory of such associations, established by the federal executive authorities and necessary to comply with environmental, land legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, and on fire safety.

2. The main standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association in accordance with urban planning legislation are:

the number and size of access and internal roads;

minimum distances between buildings, structures, structures and boundaries of land plots;

type of water supply sources;

technical characteristics of the engineering support of the territory of such an association;

list of necessary fire-fighting structures;

list of security measures environment.

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

1. The construction of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the project for the organization and development of its territory.

2. Control over compliance with the requirements for the construction of buildings and structures in a horticultural, horticultural or country non-profit association is carried out by the board of such an association, as well as the inspector of state bodies exercising control over compliance with the law, in the order of architectural supervision, the organization that developed the project for the organization and development of the territory of such an association , local governments.

3. The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the horticultural, horticultural or dacha non-profit association and its members independently in accordance with the project for the organization and development of the territory of such an association.

4. The erection by citizens on garden, garden or country plots of buildings and structures exceeding the dimensions established by the project for the organization and development of the territory of a horticultural, gardening or country non-profit association for these buildings and structures is allowed after the local government approves the projects for the construction of these buildings and structures in the manner prescribed by urban planning legislation.

5. Violation of the requirements of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is the basis for bringing such an association, as well as its members who committed the violation, to liability in accordance with this Federal Law and other federal laws.

Chapter VIII. SUPPORT FOR GARDENERS, GARDENERS, COTTAGE RESIDENTS AND THEIR GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS BY STATE AUTHORITIES, LOCAL SELF-GOVERNMENT BODIES AND ORGANIZATIONS

Clause 1 - Repealed.

2. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies shall have the right to:

1) enter into the state federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies, specialists in the development of personal subsidiary and summer cottages, horticulture and horticulture;

Subparagraph 2) - Repealed.

3) to carry out educational and propaganda work in order to popularize gardening, horticulture or dacha farming;

Subparagraph 4) - Repealed.

5) provide services through the system of state agrotechnical services for the supply of varietal seeds and planting material of agricultural crops, organic and mineral fertilizers, means of protecting crops from pests and diseases;

Subparagraphs 6) - 7) - No longer valid.

8) reimburse in full the costs of engineering support of the territories of horticultural, horticultural and dacha non-profit associations, carried out at the expense of earmarked contributions;

9) establish for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations the standards for payment for electricity, water, gas, telephone, determined for rural consumers.

3. Local self-government bodies have the right:

establish local tax incentives for contractors, individual entrepreneurs engaged in the construction of public facilities in horticultural, horticultural and summer cottages non-profit associations;

to introduce benefits for paying for the travel of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to orchard, garden or summer cottage land plots and back.

4. Executive authorities of the constituent entities of the Russian Federation, local governments, organizations have the right to:

1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;

2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;

3) provide funds for engineering support of the territories of horticultural, horticultural and dacha non-profit associations up to fifty percent of the total estimated costs;

4) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;

5) provide funds for land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements;

6) sell equipment and materials to gardeners, gardeners, dacha residents and their horticultural, horticultural and dacha non-profit associations during demolition, reconstruction and overhaul residential buildings, residential buildings, utility buildings and structures;

7) provide horticultural, horticultural and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other industries.

Local self-government bodies and organizations have the right to take on the balance of roads, power supply systems, gas supply, water supply, communications and other objects of horticultural, gardening and country non-profit associations.

5. State authorities, local self-government bodies and organizations have the right to support the development of horticulture, horticulture and dacha farming in other forms.

1. Provision of subventions, reimbursement of expenses incurred at the expense of earmarked contributions from members of horticultural, horticultural and dacha non-profit associations for the engineering support of the territories of such associations, land management and organization of the territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of horticultural, garden and land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, and a rental fund are carried out in the manner established by this Federal Law.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Paragraphs 2 - 3 - Lost their force.

4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their gardening, gardening and summer cottage non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures, providing gardeners, gardeners, summer residents and their gardening, gardening and dacha non-profit associations with production and technical purposes of state and municipal organizations, waste from construction and other industries are established by the Government of the Russian Federation.

5. Admission to the balance sheet of local governments and organizations of roads, power supply, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, horticultural or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.

6. Norms of payment for the use for gardening, horticulture and summer cottages telephone communication, electricity, gas, the introduction of benefits for paying for the travel of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, garden or summer cottage land and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

7. The procedure for providing premises, telephone facilities, office equipment on preferential terms, utilities associations (unions) of horticultural, horticultural and dacha non-profit associations are established by local governments.

1. The participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations is carried out by delegating representatives of such associations or their association (union) to meetings of state authorities or local authorities municipalities that make these decisions.

2. If it is necessary to make a decision regarding the rights and legitimate interests of members of a horticultural, horticultural or dacha non-profit association, the state authority or local self-government body is obliged to notify the chairman of the horticultural, horticultural or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.

3. If the decision of a public authority or a local government affects the interests of one or more members of a horticultural, horticultural or dacha non-profit association (laying engineering networks within the boundaries of the land plots of members of such an association, installation of power transmission line supports, etc.), a written consent of the owners is required (owners, users) of these land plots.

4. Participation of gardeners, gardeners, summer residents and their horticultural, gardening and country non-profit associations, associations (unions) of such associations in the preparation and decision-making regarding the rights of gardeners, gardeners, summer residents and their gardening, gardening and country non-profit associations, associations (unions) ) of such associations may be carried out in other forms.

5. A decision of a public authority or a local self-government body that leads to a violation of the rights and legitimate interests of members of horticultural, horticultural and dacha non-profit associations may be appealed to a court.

1. Assistance of state authorities and local self-government bodies to horticultural, horticultural or dacha non-profit associations is carried out through the adoption of appropriate decisions and the conclusion of contracts on the basis of written requests from horticultural, horticultural or dacha non-profit associations.

2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations in the implementation of state registration or re-registration of rights to garden, garden or summer cottage land plots, buildings and structures located on them, manufacturing boundary plans for garden, garden and country plots of land in the manner and within the time limits established by law.

Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially unprotected groups of the population, have the right to apply to local governments with applications to reduce the fee for state registration or re-registration of rights to garden, vegetable garden or summer cottage land plots, buildings and structures located on them, the preparation of plans (drawings of boundaries) of these sections. Local self-government bodies accept such applications for consideration if this issue is within their competence. Within a month from the date of registration of such an application, the local self-government body is obliged to make a decision and notify the applicant of the decision in writing.

3. Bodies of state power and bodies of local self-government are obliged to assist horticultural, horticultural and dacha non-profit associations in:

1) carrying out work on the construction and repair of roads, power lines, water supply and sanitation systems, gas supply, communications or connection to existing power lines, water supply and sewerage systems; organization of machine and technical stations, rental funds, shops through decision-making on the conclusion of contracts for the performance of relevant work by state and municipal enterprises, on the organization and holding of competitions for programs and investment projects for the development of infrastructures in the territories of horticultural, gardening and country non-profit associations, on the implementation of joint projects for the development of infrastructures in the territories of such associations, payment of a share of the cost of maintaining infrastructures if these infrastructures are intended to serve the population of the respective territories or if the objects of engineering infrastructure of such associations are accepted in accordance with the established procedure on the balance sheet of local governments and organizations;

2) ensuring the passage of gardeners, gardeners, summer residents and members of their families to garden, garden and summer cottages and back by establishing appropriate work schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport;

3) ensuring fire and sanitary safety, protection of the 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 compliance with the requirements of the legislation, which include representatives of horticultural, horticultural or dacha non-profit associations, state authorities and local governments.

Chapter IX. REORGANIZATION AND LIQUIDATION OF A GARDENING, GARDENING OR COUNTRY NON-PROFIT ASSOCIATION

1. Reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, division, spin-off, change in organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. When reorganizing a horticultural, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.

3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.

4. The deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with constituent documents for state registration of newly established legal entities or for amending the charter of such an association.

5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly created horticultural, horticultural or dacha non-profit associations.

6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its successor, the newly established legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.

7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.

8. In case of state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.

9. State registration of newly created as a result of the reorganization of horticultural, horticultural or dacha non-profit associations and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations are carried out in the manner established by the law on state registration of legal entities.

1. The liquidation of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the Civil Code

2. A demand for the liquidation of a horticultural, horticultural or dacha non-profit association may be filed with a court by a state authority or a local self-government body that has been granted the right to file such a claim by law.

3. Upon liquidation of a horticultural, horticultural or dacha non-profit association as a legal entity, the rights of its former members to land plots and other immovable property shall be preserved.

1. A horticultural, horticultural or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or the body that has made a decision to liquidate it shall appoint a liquidation commission and determine, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms for the liquidation of such an association.

3. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the liquidated horticultural, horticultural or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in state authorities, local governments and courts.

4. The body that carries out the state registration of legal entities enters into the unified state register of legal entities information that a horticultural, horticultural or dacha non-profit association is in the process of liquidation.

5. The liquidation commission places in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, horticultural or dacha non-profit association, the procedure and deadline for presenting claims of creditors of such an association. The term for filing creditors' claims may not be less than two months from the date of publication of a notice on the liquidation of such an association.

6. The liquidation commission takes measures to identify creditors and collect receivables, and also notifies creditors in writing of the liquidation of a horticultural, horticultural or dacha non-profit association.

7. At the end of the term for presenting creditors' claims against a horticultural, horticultural or dacha non-profit association liquidation commission draws up an interim liquidation balance sheet, which contains information on the availability of land and other common property of the liquidated association, a list of claims submitted by creditors and the results of their consideration.

The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or by the body that has decided to liquidate it.

8. After a decision is made to liquidate a horticultural, horticultural or dacha non-profit association, its members are obliged to pay off the debt in full on contributions in the amount and within the time limits established by the general meeting of members of such an association (meeting of authorized persons).

9. If the liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized persons) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell a part or all the common property of such a cooperative from public auction in the manner prescribed for the execution of court decisions.

The disposal of a land plot of a liquidated horticultural, horticultural or dacha non-profit association is carried out in the manner established by law Russian Federation and the legislation of the subjects of the Russian Federation.

10. If a liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy creditors' claims, creditors shall have the right to file a lawsuit with a court to satisfy the remaining part of the claims at the expense of the property of members of such a cooperative.

11. Payment of funds to creditors of a liquidated horticultural, horticultural or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the date of its approval.

12. After completion of settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or the body that has decided to liquidate such an association.

1. A land plot and real estate owned by a horticultural, horticultural or dacha non-profit association and remaining after satisfaction of creditors' claims may be sold with the consent of the former members of such an association in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the said land plot and real estate transferred to the members of such an association in equal shares.

2. When determining the redemption price of the land plot and the real estate horticultural, horticultural or dacha non-profit association, it includes market value the specified land plot and property, as well as all losses caused to the owner of the said land plot and property by their withdrawal, including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.

1. The liquidation of a horticultural, horticultural or dacha non-profit association is considered completed, such an association ceased to exist after an entry about it is made in the unified state register of legal entities, and the body that carries out state registration of legal entities informs about the liquidation of such an association in the press, in which data on state registration of legal entities are published.

2. Documents and financial statements of a liquidated horticultural, horticultural or dacha non-profit association are transferred for storage in state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with the indicated materials, and also to issue, at their request, the necessary copies, extracts and certificates.

documents of horticultural, horticultural and dacha non-profit associations is carried out in accordance with the procedure established by the law on state registration of legal entities.

2. Changes specified in paragraph 1 of this article constituent documents come into force from the moment of state registration of such changes.

Chapter X. PROTECTION OF THE RIGHTS OF GARDENING, GARDENING, COUNTRY NON-PROFIT ASSOCIATIONS AND THEIR MEMBERS. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION DURING GARDENING, HORTICULTURE AND COUNTRY FARMING

1. The following rights of members of horticultural, horticultural and dacha non-profit associations are subject to protection in accordance with civil law:

1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifetime inheritable possession of land plots;

2) the rights associated with becoming a member of a horticultural, horticultural or dacha non-profit association, participating in it and leaving it;

3) other rights provided for by this Federal Law and other federal laws.

2. The rights of a horticultural, horticultural or dacha non-profit association to own, use and dispose of land plots for common use, other property of such an association, and other rights provided for by this Federal Law and other federal laws shall be subject to protection.

3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:

1) recognition of their rights;

2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;

3) recognition of a voidable transaction as invalid and application of the consequences of its invalidity, as well as application of the consequences of the invalidity of a void transaction;

4) invalidation of an act of a public authority or an act of a local self-government body;

5) self-defense of their rights;

6) compensation for their losses;

7) other methods provided by law.

1. A gardener, gardener or summer resident may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forestry, water, town planning legislation, legislation on the sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, gardening or country non-commercial associations, in the manner prescribed by the legislation on administrative offenses.

2. A gardener, gardener or summer resident may be deprived of the rights of ownership, lifetime inheritable possession, permanent (unlimited) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.

Mandatory advance warning of a gardener, gardener or summer resident about the need to eliminate committed violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.

1. Officials public authorities, local authorities, state and municipal institutions may be subject to an administrative penalty 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, garden or summer cottage land plots in violation of statutory terms; concealment of information about the availability of free land in areas where horticultural, horticultural or dacha non-profit associations are located;

2) violation of the requirements of the approved town-planning documentation during the allotment of garden, vegetable garden or summer cottage land plots;

3) unlawful actions that entailed the unauthorized occupation of land within the boundaries of horticultural, horticultural or dacha non-profit associations or in the areas where horticultural, horticultural or dacha non-profit associations are located.

2. The imposition of a penalty in the form of a warning or a fine for the violations specified in paragraph 1 of this article, or for other violations of the legislation of the Russian Federation, is carried out in the manner established by the Code of the Russian Federation on Administrative Offenses.

Lost strength.

From the date of entry into force of this Federal Law on the territory of the Russian Federation, the USSR Law "On Cooperation in the USSR" shall not apply (Bulletin of the Supreme Soviet of the USSR, 1988, No. 22, Article 355; Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, N 19, article 350; 1990, N 26, article 489; 1991, N 11, article 294; N 12, article 324, 325) in the part regulating the activities of gardening associations and dacha cooperatives.

1. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts in line with this Federal Law within six months from the date of its entry into force.

2. Instruct the Government of the Russian Federation within three months from the date of entry into force of this Federal Law:

prepare and submit, in accordance with the established procedure, proposals for introducing amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;

adopt regulatory legal acts that ensure the implementation of the provisions of this Federal Law.

The president
Russian Federation
B. YELTSIN

Moscow Kremlin

The Zakonbase website presents the FEDERAL LAW dated April 15, 1998 N 66-FZ (as amended on December 7, 2011 with amendments that entered into force on latest edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the website "Zakonbase" you will find the FEDERAL LAW dated 15.04.98 N 66-FZ (as amended on 07.12.2011 with amendments that entered into force on 01.01.2013) "ON GARDENING, GARDENING AND COUNTRY NON-COMMERCIAL ASSOCIATIONS OF CITIZENS" in fresh 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 15.04.98 N 66-FZ (as amended on 07.12.2011 with amendments that entered into force on 01.01.2013) "ON GARDENING, GARDENING AND COUNTRY NON-PROFIT ASSOCIATIONS OF CITIZENS" can be completely free of charge, both completely and and individual chapters.

In 2017, a number of legal norms are expected to be adopted or come into force regulating the status of Russian horticultural associations, the procedure for exercising certain property rights by summer residents, and also establishing certain additional responsibilities. Relevant initiatives are being implemented both at the level of already adopted legal acts and in the context of actively discussed bills.

Owners of dachas and plots in 2017 will need to pay serious attention to some legal norms and legislative initiatives that regulate the activities of gardeners. What is the essence of these norms, and what legal relations does their jurisdiction extend to?

Legislation on horticultural associations in 2017: what will change

In 2017 in Russian legislation regulating legal relations with the participation of horticultural partnerships, significant changes are expected. They will be expressed:

1. With the entry into force of a number of amendments to the Federal Law “On horticultural associations» dated 04/15/1998 No. 66-FZ. The essence of the amendments is to establish an obligation for gardeners' associations to form a register of participants - before 06/01/2017 or a month after the state registration of the association (if it was carried out after the entry into force of these amendments).
2. In the transition to the jurisdiction of the Federal Law "On State Registration of Real Estate" dated June 13, 2015 No. 218-FZ, the procedure for state registration of land plots. technical plan for home on suburban area- as a condition for registration of the house in the property.
3. In the eventual adoption of a completely new Law on horticultural associations 2017 - based on bill No. 1160742-6. The essence of the initiative is the adoption of a fundamentally new legal act on horticultural organizations, which should replace Federal Law No. 66.

In the press, as well as in thematic publications on legal topics under the adoption of the "new law" on horticultural associations in general case is understood as the approval of just the same bill (which, it is worth noting, should go through several more readings in the State Duma).

It is worth noting that the "new law" on organizations of gardeners (in the broad sense of the term) can be unofficially understood as 2 other specified legislative initiatives. We will also pay attention to them later in the article.

New Federal Law on horticultural associations (draft law No. 1160742-6): main provisions

1. The fact that summer residents can establish associations represented only in the form of a partnership (which can be horticultural or horticultural) - as a kind of partnership of property owners.
2. The fact that exclusively garden, but not garden, land plots can be used for the construction of residential buildings (in which the owners are supposed to live permanently).
3. On the consolidation in the legislation of the Russian Federation of the concept of "garden house" instead of the term "residential building", which is used in the current federal legal act on associations of gardeners.
4. On the regulation of the procedure for the formation of partnership management bodies in such aspects as:
   • joining the ranks of the partnership, leaving it;
   • informing members of the partnership about its activities;
   • determination of the list of issues that cannot be resolved by the association of gardeners in the absentee voting of its participants.
5. On the definition of the key principles for calculating the contributions of members of the organization, methods of spending these contributions, their business case.
6. On the regulation of the turnover of the common property of the members of the organization.
7. On the abandonment of the practice of concluding agreements between participants in partnerships and citizens who are not members of the partnership, despite the fact that these citizens are assigned obligations to maintain the common property of the respective organizations.

The bill does not provide for the re-registration of already established associations. It will only be necessary to bring their accounting documents in line with the adopted Federal Law when making the first changes to these documents after the entry into force of this legal act.

When will the horticultural associations bill be passed?

Official data regarding the specific timing of the adoption of the federal legal act based on the draft law No. 1160742-6 has not yet been published in any sources. Thus, it is not known whether the corresponding federal legal act on organizations of gardeners was adopted in 2017 (although this is expected in the expert community).

In October 2016, the draft law was considered by the Council of the State Duma, after which it was sent to various authorities (legislative, executive structures, the Accounts Chamber, the Public Chamber) for the preparation of reviews, comments, and proposals.

State Duma Committee on natural resources, property, as well as land relations, it was ordered to prepare an appropriate draft law for consideration by deputies of the State Duma. But, again, no official deadline for completing this training has been published.

Thus, the current regulatory legal act regulating the sphere of legal relations with the participation of gardeners' organizations is Federal Law No. 66. As we noted above, a number of amendments were initiated in relation to it. Let's study them.

Current law on horticultural partnerships (FZ No. 66): 2017 amendments

So, while bill No. 1160742-6 has not been approved, legal relations with the participation of gardeners' associations are regulated by Federal Law No. 66. A number of amendments have been made to this legal act that establish certain obligations for participants garden associations in 2017.

Namely, Article 19.1 appeared in Federal Law No. 66, which established an obligation for members of each gardening organization to form a register of members of the corresponding structure. This register must be formed before 06/01/2017 or within 1 month from the date of state registration of the gardeners' association (if it was carried out after the amendments in question came into force).

The register of partnership participants must comply with the requirements of the legislation on personal data. It must contain:

• Full name of the members of the association;
• postal or e-mail addresses of participants;
• cadastral numbers of plots that belong to partnership members (once the plots are distributed among them);
• other information provided for by the charter of the organization.

In addition, Article 19.1 of Federal Law No. 66 obliges participants in partnerships to timely inform the governing bodies of the relevant associations about changes in the specified information.

Dachas and the Federal Law on registration of real estate: what to pay attention to the participants of partnerships

In 2017, the provisions of the Federal Law “On State Registration of Rights to Real Estate” dated June 21, 1997 No. 122-FZ actually lost their force. Instead, the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218 came into force.

In the previous Federal Law No. 122, there was a wording according to which the procedure for state registration of a house located on a garden plot into ownership involves the submission of a declaration on a real estate object to the registering authorities - in the form approved by Order of the Ministry of Economic Development of Russia dated 03.11.2009 No. 447.

In turn, in the Federal Law No. 218 there is another requirement - the mandatory execution of a technical plan. Its compilation, as a rule, requires significantly higher costs for the owner of the dacha - you need to contact special organizations and order a technical plan there for a fee.

Summer residents could fill out the declaration without much difficulty on their own. This simplified procedure was implemented as part of the mechanism of the so-called "dacha amnesty" (it can be noted that the simplified registration of the plot according to the corresponding mechanism in Federal Law No. 218 remained unchanged).

Many citizens of the Russian Federation, being members of gardeners' associations and owners of summer cottages, do not have in their hands title documents for owning a house located on the site. Nevertheless, the legislation of the Russian Federation allows these citizens to still register the corresponding houses as property.

Author: . Diploma profession: political scientist (Syktyvkar State University). Current occupation: Journalist (business). Experience in writing articles for Forbes, Delovoy Petersburg. Entrepreneur.
February 11, 2017 .

https://www.site/2017-08-02/v_rossii_prinyat_novyy_zakon_dlya_dachnikov_i_sadovodov_chto_v_nem_vazhnogo

"Country Constitution"

In Russia, a new law has been adopted for summer residents and gardeners: what is important in it?

Jaromir Romanov/website

In Russia, a new federal law has been adopted, according to which, from January 1, 2019, approximately 60 million summer residents and gardeners will begin to live. In fact, the "dacha constitution", as the adopted act has already been called, applies to every second inhabitant of the country. the site tells its readers about the fundamental innovations, one of which was the exclusion from the legislation of the very concept of "dacha economy".

Will there be no more summer residents in Russia?

According to the law, summer residents in Russia are now gardeners and gardeners. Previously, associations of dacha owners, gardeners and gardeners could exist in as many as nine organizational forms (including as dacha associations and cooperatives). Now the legislator has provided only two: either a gardening partnership or a gardening partnership. Dacha associations are automatically classified as horticultural associations. But, of course, no one will forbid you to call yourself summer residents. Especially in a situation where you don’t have a garden or garden plot at all, but just a house in the village where you come to relax and don’t do any gardening. New law regulates life only in the territories of horticulture and horticulture, and not in settlements.

Why didn't they call everyone just summer residents in the law?

You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms is a clear overkill. But one cannot ignore all the realities, and in this case they are in the fact that the land plots owned and used by Russian summer residents may have different types permitted use. Based on this, the legislator divided the land plots into garden and garden plots.

And here it is important: on garden plots, you can build permanent buildings, including residential buildings, and only non-capital outbuildings can be placed on garden plots. The difference is significant, and you should pay special attention to this if you are planning to purchase a summer cottage.

Serguei Fomine/Russian Look

Can you elaborate a little on this difference?

The legislation refers to non-capital buildings structures that do not have a "connection with the ground", that is, in other words, a foundation. It is assumed that they can be completely disassembled or moved somewhere in no time. In addition, such structures cannot be registered as real estate objects. Of course, you can build something grandiose on a garden plot, on a solid foundation and pass off your palace as a modest shed for storing equipment and crops. But you simply will not be able to register ownership of it until the type of permitted use of your site changes, and this is still a very difficult procedure. If only because there are quite serious requirements for the planning and development of the gardening territory, prescribed in SNiP 30-02-97 of 2011, but there are no such requirements for the organization of the gardening territory.

Landowners who fail to register their homes face double land tax

Nadezhda Loktionova, chairman of the Union of Horticulturalists of Yekaterinburg, believes that one should even expect the appearance of some kind of by-law, which will clarify the parameters of non-capital buildings on gardening lands. Of course, things are unlikely to come to Soviet restrictions, such as a ceiling height of no more than two meters, but the state will still try to close the possibilities for abuse. But if now you already have a document on the ownership of a property that arose on a garden plot of land (for example, a bathhouse or a garage), you don’t have to worry. What is built is built - the state recognized this, and here the legislator went for the so-called "garden amnesty".

Nail Fattakhov/website

And what can be built on the garden plots?

FROM garden plots, of which, by the way, the vast majority in the total mass, everything is much simpler. The law gives the right to place on them a capital residential building, a garden house for seasonal use, garages and outbuildings. The latter include baths, sheds, sheds, greenhouses, gazebos and other good things. All this can be formalized as a property right, bearing in mind, however, that the owner has an obligation to pay taxes. In addition, since the beginning of 2017, the so-called "dacha amnesty" has become more complicated by law - a simplified procedure for registering real estate on six acres. Now, to register an object, you need a technical plan, and its cost starts from 10 thousand rubles. Plus the state duty - 400 rubles. True, the law allows not to register structures up to 50 square meters. meters.

Will it become easier to register in the country?

They promise yes. Theoretically, it is possible to register on six acres even now, but it is not so easy. A court order is required that your residential building is recognized as suitable for permanent residence. It is assumed that with the beginning of the new law, going to court will become the exception rather than the rule. Moscow region gardeners insisted on this: according to the chairman of the Union of Summer Residents of the Moscow Region, Nikita Chaplin, the government should develop a special by-law to simplify the procedure for transferring a garden house to a residential one and vice versa. That is, if you decide to live in the country permanently and have registration there, immediately build a capital house or engage in the reconstruction of an existing one.

By the way, a horticultural partnership may eventually become a partnership of real estate owners - that is, begin to develop and manage as a cottage village. But for this, three conditions must be met. Firstly, it must be located within the boundaries of a settlement, secondly, all houses on its territory must be recognized as residential, and thirdly, the type of permitted use of land plots for all owners must be changed to “individual housing construction”.

Jaromir Romanov/website

Is it true that selling the crop from the garden will become an illegal business?

No. Selling surplus from your own garden or vegetable garden, neither new nor current law(66-FZ) is not regulated at all, Nikita Chaplin draws attention. Moreover, during its development, the draft law deliberately did not include norms that are regulated by other laws: Land, Tax, Civil Codes, real estate registration law. So, grandmothers, for whom the sale of bunches of greens in the market or agricultural fair serves as some kind of financial help, will definitely not need to issue an IP for this.

What else is important in the law?

The law decreed that within one horticulture or horticulture there could be only one partnership. Previously, there could have been several of them, and the legislator was especially concerned about the situation when associations are engaged in the struggle to attract land owners and at the same time almost do not pay attention to the state of the common infrastructure, pushing the responsibility onto the neighbor. According to the meaning of the new law, a partnership can be formed only on a land plot provided to this legal entity. Therefore, in the event of disputes, a previously created partnership with a land plot will be recognized as legitimate. In the absence of a planning and development project for the territory, the second partnership may be liquidated by a court decision, if it does not recognize that it needs to liquidate itself.

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The law will also make it possible to streamline relations with the so-called individuals - owners of plots who have left all partnerships and do not bear the obligations that their neighbors - members of associations have. Without paying any fees, they continue, for example, to use the common infrastructure. Now the freemen are finished: you can still be an individual, but you still have to pay dues along with the rest. In return, the right to participate in general meetings and vote on all financial and economic issues of the partnership is given. But individuals will still not be able to participate in the election of the chairman and members of the board, the audit commission. In general, the big question is what is the benefit of such a special status now.

Natalia Khanina/website

By the way, about contributions. They were strictly divided into two types: membership and target. From the membership will be paid current expenses associated with the activities of the partnership, and the target will be collected for the improvement and development of infrastructure. It is important that from January 1, 2019, contributions will no longer be collected in cash: summer residents will begin to receive the same receipts that they pay for city apartments, and contributions will be credited to a bank account, and not stored in a safe with the chairman. This is done to combat abuse.

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The new law on SNT, which comes into force in 2018, will significantly simplify the life of ordinary summer residents and gardeners, officials are sure. Innovations will lead to a change in the basic principles of the association of land owners. Experts highlight the potential risks of the new law, which will come as an unpleasant surprise to citizens.

The State Duma approved the law on SNT, which will come into force in next year. The government's new initiative is aimed at radically transforming the existing norms for the association of owners of gardening and summer cottages, which do not correspond to current realities. Earlier, Prime Minister Dmitry Medvedev stressed the need for changes in this area, which will make life easier for citizens. In addition, the updated law will bring order to existing associations and protect the rights of ordinary land owners.

The new law on SNT fixes the rejection of the dacha or horticultural cooperative since 2018. All associations must be transformed into agricultural cooperatives. In addition, the changes will affect the dacha partnership and horticultural partnership.

To create a partnership, at least three votes of the founding citizens at the relevant meeting are required. At the same time, it is necessary to generate a list of members of the new association, which displays information about the participant of the partnership and the cadastral number of the plot. In addition, the new law defines the following partnership bodies:

• Chairman of the Board;
• general meeting;
• audit committee.

To replace the existing concept of "residential building", the category "garden house" is introduced, for the placement of which it is not necessary to issue a permit. The purpose of this building is temporary stay and recreation of citizens. In addition, a residential building intended for permanent residence can be built on a summer cottage.

Innovations will also affect the principles for calculating regular contributions aimed at achieving the goals of the partnership. Among other things, officials have identified areas for which these funds can be spent. All contributions next year will be divided into three types: introductory, membership and targeted.

As part of the new law, property appears that is intended for public use. This property cannot be divided among the members of the association.

The government emphasizes that the new law will solve many accumulated problems of summer residents and gardeners. Including innovations will facilitate the process of connecting to power grids and create a mechanism to improve the quality of roads. Despite the optimism of officials in connection with the adoption of the new law, experts note possible Negative consequences for ordinary citizens.

New law - new problems

The introduction of a new concept of "garden house" is fraught with serious consequences for summer residents and gardeners, experts say. It will be possible to build a garden house without the appropriate permits, but the question of the future fate of the existing buildings remains unclear. The re-registration of real estate and the division of buildings into two types can lead to additional problems for citizens.

A separate problem is the topic of land surveying, which, under the new law on SNT, must be completed before 2018. Otherwise, the owner of the site will face serious problems. If the boundaries of the site are not clearly fixed, then the owner will not be able to sell or transfer it by inheritance. There will also be problems with the design of the building.

Another important issue that worries experts is the lack of state support fixed at the legislative level. The previous version of the law provided for the possibility of co-financing some projects, including the construction and repair of roads. It is practically impossible to provide high-quality roads solely at the expense of contributions from members of the partnership, experts say.

In addition, the new law does not provide for a mechanism for early dismissal of the chairman of the board. As a result, cases of arbitrariness within partnerships will persist, which will negatively affect the achievement of the goals of the association.

Pros and cons of innovation

Experts note the positive changes that will be made possible by the new law. The attempt of the authorities to restore order among dacha associations and to systematize the mechanism of interaction within the association is a useful initiative. The previous version of the law could not comprehensively solve the existing problems of summer residents.

However, the interaction between local self-government and SNT remains an unresolved issue. Without this, it will not be possible to solve the problems with medical care and road repair, since the gardening associations' own forces will obviously not be enough.

Next year, a new law on SNT comes into force, which introduces new concepts and categories. The authorities are trying to put things in order among dacha and garden partnerships, systematizing the basic norms of activity.

Experts note the risks that may create additional difficulties for citizens. In particular, the issues of state support and re-registration of buildings remain relevant.

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New law on SNT from January 1, 2019

In July 2017, the State Duma adopted a new law that introduces many amendments to the old laws on non-profit dacha organizations. The new law on in 2019 in the new edition contains many innovations that all owners of suburban areas need to know. It should be remembered that the law is not yet in force, and it will come into force only in January 2019.

We list the main changes that the text contains federal law about SNT in 2019:

Now there will be only 2 types of country partnerships - horticultural and horticultural. All dacha associations will have to re-register; during re-registration, you must select the type of country partnership (gardening or gardening). Re-registration data must be entered into the Rosreestr.

• The decision regarding the status of the organization is made at the meeting of the members of the partnership by voting. If the majority decides to become gardeners, and a member of this community has a full-fledged residential building built on the site, he needs to register his housing before the law enters into force (January 1, 2019). If this is not done, then such a residential building will have to be rebuilt into a garden house for seasonal living.
• Members of horticultural associations have the right not only to cultivate fruit and berry crops, but also to build residential buildings on their plots.
• Members of horticultural partnerships have the right to grow various agricultural crops. They also have the right to build a seasonal garden house on their plot.
• The new law also regulates the type of contributions. After the entry into force of the law, 2 types of contributions will remain - membership (made every billing period) and target (made for the purchase of specialized equipment). Entry fees are waived. It is not possible to return the old entry fees.
• All contributions are transferred by bank transfer to the settlement account of the partnership (this rule was invented in order to reduce corruption).
• The minimum number of people to organize a partnership is 7 people.
• The chairman of the partnership is elected for a period of 5 years (previously he was elected for a period of 2 years).
• All partnership documents must be kept for at least 49 years.
• All members of the partnership have the right to get acquainted with the financial statements.
• If a member of the partnership needs a copy of any document for its transfer to state bodies, then such a copy should be provided free of charge.
• If a member of the partnership needs a copy of any document, but the copy will not be transferred to public authorities, then such a copy must be provided for a fee, the amount of which is established at the meeting.
• If a person does not pay dues within 2 months, then he can be excluded from the partnership. However, he retains the right to use infrastructure facilities (electricity, roads, water supply, and so on). To exercise this right, this person must write a statement; he will also have to pay special contributions every month. In fact, such a person differs from a member of the partnership only in that he is deprived of the right to vote at the meeting.
• The rules regarding public lands have also changed. Previously, such lands were considered collective property; now any member of the partnership can transfer the collective, and the size of the share of the member of the partnership will be proportional to the size of his plot (the same rule applies to the tax on public land).

Federal Law No. 218

Also, the State Duma adopted 218 Federal Laws on SNT, which entered into force on January 1, 2017. It introduces several changes to the registration of parcels:

• Registration of ownership. If the site was provided for the conduct of subsidiary gardening, then such a site is subject to registration. To do this, you need to collect all the necessary documents (passport and act of granting a land plot or any other document confirming ownership) and contact Rosreestr. It is not necessary to have a cadastral passport and a boundary plan with you. After that, your ownership should be registered within 10-12 days.
• Registration of ownership of individual residential, country houses and some buildings that are subject to registration. Previously, only individual housing, as well as various commercial buildings, were subject to registration. Now all buildings on the site (summer house, country house, large utility rooms and some other buildings) are subject to registration. To register a building, it is necessary to make a technical plan of the site and submit it to Rosreestr.

The main changes in the SNT law from January 1, 2019

From January 1, 2019, all settlements of the SNT partnership will be carried out through the bank's current account. Until that time, all owners must choose a bank for settlements. To do this, you must select one person who will represent the interests of the community when opening an account. If SNT already has a bank account for this moment then you don't need to open it again.

From January 2019, it will be impossible to pay contributions in cash, only by bank transfer. According to the government, this will make financial flows more transparent and reduce the risk of fraud.

Also, by the end of 2018, it is necessary to determine the composition of the board of SNT. According to the new laws, members will be elected for 5 years, and not for 2 years as before.

The changes will also affect those who do not want to join the SNT community. They can also participate in meetings and vote on fees. And they will also have to chip in on the salary of the chairman of the SNT and council members, whether they like it or not.

In 2019, only targeted contributions and membership fees will remain. Such monetary fees as introductory, share and additional fees can not be paid.