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Gardening or dacha non-profit association. Register of members 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 a legal entity in ownership.

General meeting of members of the gardening non-profit association has the right to make a decision to assign 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 principle, land plots are provided in the manner prescribedparagraph 4of this article.

6. Has expired.

A comment

1. This article completes the procedure for granting citizens and their associations land plots, the beginning of which is contained in Article 13 of the commented law. As we have already noted above, there are two options for the actions of the local government, which has collected applications from citizens for the provision of country, garden and garden land plots to them.

First, the organ local government can directly provide such plots himself (if he has such an opportunity, provided for by urban planning documentation, and citizens want to receive plots in the municipality where they live). Secondly, the local self-government body transfers the collected applications to another local self-government body, on the territory of which the land plots requested by citizens are located. Since this article mentions the land redistribution fund (and it arose in the 90s of the last century at the time of the reorganization of collective farms and state farms), therefore, the local government proposed by the legislator is located in rural areas.

The decision on whether there are suitable land plots on the territory of the municipality is contained in the territorial planning documents (territorial planning schemes for municipal districts and master plans for urban districts and settlements), as well as the Rules for Land Use and Development. In case of their absence, when making such a decision, officials of the local self-government body should be guided by the zoning schemes for the placement of horticultural, horticultural and dacha non-profit associations.

If there are no relevant land plots on the territory of the municipality, citizens are given a reasoned refusal. If such land plots are available, the procedure for selecting a land plot and preliminary approval of the location of a horticultural, horticultural or dacha non-profit association of citizens begins.

2. The commented article specifies the procedure for selecting a land plot for construction and preliminary approval of the location of the facility, provided for in Article 31 of the Land Code of the Russian Federation. According to this article, citizens interested in providing a land plot for construction apply to the local government with an application for the choice of a land plot and preliminary approval of the location of the object. This application must indicate the purpose of the object, the proposed location of its location, the rationale for the approximate size of the land plot, the requested right to the land plot. The application may be accompanied by a feasibility study of the construction project or necessary calculations. The local self-government body, at the request of a citizen, ensures the selection of a site on the basis of state land cadastre documents and land management documents, taking into account environmental, urban planning and other conditions for the use of the relevant territory and subsoil within its boundaries by determining options for locating the facility and conducting approval procedures in cases provided for by federal laws, with relevant government bodies and local authorities, municipal organizations, informs the population about the possible or forthcoming provision of land plots for construction.

The results of the selection of a land plot are documented by an act on the selection of a land plot for construction. This act shall be accompanied by the draft boundaries of each land plot approved by the local self-government body in accordance with the possible options for their choice. The local self-government body makes a decision on preliminary approval of the location of the object, approving the act on the choice of a land plot in accordance with one of the options for its selection, or on refusal to place the object. A copy of the decision on the preliminary approval of the location of the object with the application of the draft boundaries of the land plot or on the refusal to place the object is issued to the applicant within seven days.

The decision on preliminary approval of the location of the facility and the project of the boundaries of the land plot are the basis for establishing, in accordance with the applications of citizens interested in providing a land plot for construction, and at their expense, the boundaries of such a land plot on the ground and its state cadastral registration in the manner established by federal laws . The local self-government body, on the basis of applications from a citizen interested in providing a land plot for construction, and the cadastral map (plan) of the land plot attached to it, within two weeks, makes a decision on the provision of a land plot for construction.

3. After the site for the location of the non-profit association is selected, its dimensions are determined (including the boundaries of the land plots of citizens and public lands) and personnel of its members, the next stage of the procedure under consideration begins - state registration of a non-profit association, carried out by the Federal Registration Service (if it is a partnership or partnership) or the Federal Tax Service (if it is a cooperative), followed by the provision of a land plot to the non-profit association free of charge.

Clause 4 of the commented article does not disclose on what particular right a land plot should be provided to a non-profit association. According to the entire logic of the commented law, such a title should be gratuitous fixed-term use. Meanwhile, Article 24 of the Land Code of the Russian Federation names an exhaustive (closed) list of grounds for granting land plots to citizens and legal entities from state or municipal property on the right of gratuitous fixed-term use. Since the commented law cannot contradict the Land Code of the Russian Federation, it should be concluded that paragraph 4 of the commented article refers to a different type of land rights. Such an option, in our opinion, can only be a short-term lease, and the mention of the free provision of land means that, unlike other cases of land plots being leased for construction (Articles 30.1 and 30.2 of the Land Code of the Russian Federation), in our case, bidding is not are held, and no fee is charged for providing a site to a non-profit association.

4. After the provision of a land plot to a non-profit association, the procedure for approving the project of the organization and development of its territory begins and the transfer of this project to the area, after which the members of the horticultural, horticultural or summer cottage non-profit association are granted land plots for ownership. Note that when transferring for a fee a land plot is initially provided to the joint ownership of the members of such an association, with subsequent provision of land plots to the ownership of each member of a horticultural, horticultural or dacha non-profit association. Therefore, in the case free granting a land plot (for example, to persons for whom special benefits are provided), the land plot is provided directly to the property, bypassing the stage of joint ownership with members of a non-profit association.

This rule of the commented article leads immediately to two questions. Firstly, what is the point in fixing a different procedure for providing a land plot for a fee and free of charge, and why the stage of joint ownership of land by members of a non-profit association is needed at all. Secondly, land plots for any construction (whether individual housing or summer cottage construction) in accordance with the Land Code of the Russian Federation are provided for ownership at auctions. The commented law provides for the provision of land plots for construction without bidding for a fee, the procedure for calculating which is not disclosed in the law itself. It follows that the procedure provided for in paragraph 4 of the commented article in relation to collective gardening (for purposes not related to construction) complies with the requirements of the Land Code of the Russian Federation, and in relation to the provision of land plots for construction (horticulture, summer cottages) contradicts the Land Code of the Russian Federation.

5. A land plot for general use is transferred to the ownership of a horticultural, horticultural or dacha non-profit association as legal entity. At the same time, the commented article provides for the possibility of the general meeting making a decision on assigning all land plots to a non-profit association as a legal entity. In this case, citizens are not the owners of their dacha, garden and garden plots of land, and in most legal relations (land, tax, and others), their interests will be represented by a legal entity. Accordingly, citizens will not be able to sell, donate, or inherit their land, since they will only have the right to claim against the non-profit association for compensation for its value. This model is not beneficial to citizens - gardeners, gardeners and summer residents, and therefore is rarely used.

6. The procedure provided for by the commented article involves the creation of a dacha, garden or garden non-profit association on lands that are in state or municipal ownership, and does not apply to cases of creating such a non-profit association on lands that are privately owned by a citizen or legal entity. The latter procedure is very popular in practice, but not regulated by law. For example, many enterprising citizens are trying to buy large land plots from agricultural organizations in the suburbs of large cities, and form dacha cooperatives on these lands (for the benefits of this form of management, see the commentary of Article 1) or even dacha settlements. By itself, this model does not contradict current legislation, if in the course of its implementation the basic requirements of the law are observed, related to compliance with the procedure for changing the permitted use for such sites (their designated purpose does not formally change, since summer cottages agricultural products are also grown), as well as (if necessary) land categories in accordance with the requirements of the Law on the transfer of land from one category to another.

7. When applying the commented article in practice, various litigations often arise (see: Resolution of the Federal Arbitration Court of the West Siberian District dated 01.01.01 No. F04-4434 / 2007).

So, on the basis of the resolution of the head of the municipality of July 6, 2005, the dacha partnership was granted ownership of a land plot of 104,472 square meters for a fee. meters to accommodate a country house non-profit partnership. In pursuance of this resolution, the administration of the municipality and the dacha partnership concluded on July 10, 2005, a contract for the sale of a disputed land plot with a cadastral number. The dacha partnership applied to the registration service with a statement about state registration ownership of the land plot transferred under the contract of sale.

The registration service first informed the dacha partnership about the suspension of state registration of the transfer of ownership of the disputed land plot, and then about its decision to refuse state registration, indicating as the basis for refusal the non-compliance with the procedure for granting a land plot established by federal law"On the turnover of agricultural land"; no solution provided general meeting all members of the dacha partnership on assigning a land plot to a non-profit partnership as a legal entity of all land plots granted to it in accordance with the requirements of Article 21 of the Federal Law “On horticultural, gardening and dacha non-profit associations of citizens”; the dacha partnership did not comply with the limiting standards for the provision of land plots.

Finding the refusal to state registration of rights illegal, the dacha partnership filed a lawsuit with the arbitration court.

The court of first instance, refusing to satisfy the stated requirements, came to the conclusion that the refusal to state registration of ownership of land plots was legal and justified, arguing that the dacha partnership does not represent the decision of all partnership members to assign to a non-commercial partnership as a legal entity all granted him land in accordance with the requirements of Article. 21 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens".

The appellate instance, canceling the court’s decision and satisfying the stated requirements, proceeded from the fact that the decision to grant the dacha partnership a land plot immediately into the ownership, and not into the joint ownership of the members of the non-profit association, was the decision of the head of the municipality, and not the decision of the non-profit partnership; the contract for the purchase and sale of the land plot dated 01.01.01 was not disputed and was not recognized as an invalid transaction.

Meanwhile, the conclusion of the appellate instance cannot be recognized as complying with the requirements of the legislation.

Article 28 of the Federal Law “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens” establishes the procedure for privatizing garden land plots, according to which only public lands, specific garden plots are subject to re-registration in the ownership of each of the members of the dacha partnership. At the same time, the legislation does not provide for the possibility of privatizing a land plot as a whole by registering the right of ownership only for a dacha partnership.

The argument of the dacha partnership regarding the observance of the procedure for acquiring a land plot cannot be taken into account. The minutes of the general meeting of participants in the dacha partnership dated June 6, 2005 No. 2 submitted to the case indicate that the decision to conclude a contract for the sale of a land plot and to take actions to register it was taken in the presence of three participants, while previously it was a decision was made to accept 122 people as members of the dacha partnership. The Protocol does not contain the procedure for acquiring ownership of a land plot, there are no statements from members of the dacha partnership indicating on what right each of them wants to acquire a land plot. The dacha partnership did not confirm that he had legal grounds for the acquisition of ownership of the dacha partnership as a legal entity of the entire land plot.

In view of the foregoing, the arbitration court rightfully refused to satisfy the stated requirements for the recognition of the refusal to state registration of rights to the land plot as illegal. Under such circumstances, the decision of the appellate court was set aside and the decision of the court of first instance was upheld.

Article 15Restrictions on the provision of garden, vegetable garden and summer cottage land plots

1. On the territory of the 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 deposits of minerals, especially valuable agricultural lands, reserve territories for the development of urban and other settlements, territories with developed karst, landslide, mudflow and other natural processes that pose a threat to the life or health of citizens, a threat to the safety of their property).

2. Has expired.

A comment

1. The rule formulated in the commented article has been brought to its logical conclusion by urban planning legislation. According to Article 1 of the Civil Code of the Russian Federation, zones with special conditions for the use of territories- security, sanitary protection zones, zones of protection of cultural heritage objects (monuments of history and culture) of peoples Russian Federation, water protection zones, zones of protection of drinking water sources, zones of protected objects, other zones established in accordance with the legislation of the Russian Federation. The boundaries of such zones are fixed in the territorial planning documents of the Russian Federation, its constituent entities and municipalities, as well as on the urban zoning map included integral part in the Rules of land use and development.

Thus, in the event that a municipality has town planning documentation provided for by the CradK of the Russian Federation, all zones with special conditions for the use of the territory are clearly fixed, as well as land areas that are provided in advance for provision to citizens for gardening, horticulture and dacha economy.

In the absence of such urban planning documentation, the local government in each specific case will determine the possible location of the land for gardening, horticulture and dacha farming, as well as a list of prohibitions and restrictions provided for by law and affecting the legal regime of these lands.

2. It should be noted that there are two options for restrictions on the provision of country, garden, orchard land plots. In the first case, land plots cannot under any circumstances be provided for use for this designated purpose (for example, in areas 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). Other grounds for such a ban are also legally allowed. Yes, in national parks it is forbidden to provide garden and summer cottages, since such activities, according to the legislator's intention, may harm the state of natural complexes.

In the second case, the provision is allowed, but citizens are warned that some of their rights to use the land are limited. The RF LC provides for the following restrictions on land rights:

1) special conditions land use and regime economic activity in security, sanitary protection zones;

A comment

1. State registration is the final stage in the formation of a legal entity, after which the data on such an organization are included in the unified state register of legal entities. State registration of dacha, garden and garden non-profit organizations is carried out by the Federal Registration Service, with the exception of dacha, garden and garden cooperatives, which are registered by the Federal Tax Service.

The wording of the commented article has undergone a number of changes: if earlier it contained norms fixing the procedure for registration, a list of documents submitted for registration, etc., then at present it is blanket in nature. This is due to the extension of state registration of horticultural, horticultural and dacha non-profit associations general order state registration of legal entities. In general, such unification of norms should be regarded as a positive trend. Thus, the period for registration actions has changed significantly: in contrast to the general procedure that establishes a five-day period for state registration, the previous version of the commented law provided that the state registration of a non-profit association must be carried out no later than thirty days after the submission of all documents necessary for registration.

2. The legal basis for the registration of a horticultural, horticultural or dacha non-profit association is the Federal Law of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs". This law regulates relations arising in connection with the state registration of legal entities during their creation, reorganization and liquidation, when changes are made to their constituent documents, state registration of individuals as individual entrepreneurs and state registration of the termination of activities by individuals as individual entrepreneurs, as well as in connection with the maintenance of state registers - the unified state register of legal entities and the unified state register of individual entrepreneurs.

State registration of legal entities and individual entrepreneurs are acts of the authorized federal body executive power, carried out by entering into state registers information on the creation, reorganization and liquidation of legal entities, the acquisition by individuals of the status of an individual entrepreneur, the termination of activities by individuals as individual entrepreneurs, other information about legal entities and individual entrepreneurs in accordance with the requirements of the law.

In accordance with Art. 8 of the Law on State Registration, such registration is carried out within a period of not more than five working days from the date of submission of documents to the registration authority.

State registration of a legal entity is carried out at the location of the permanent executive body indicated by the founders in the application for state registration, in the absence of such an executive body - at the location of another body or person entitled to act on behalf of the legal entity without a power of attorney.

Documents for state registration are submitted to the registration authority directly or sent by mail with a declared value when it is sent and a description of the attachment. Other ways of submitting documents to the registration authority may be determined by the Government of the Russian Federation.

An application submitted to the registering body shall be certified by the signature of an authorized person, the authenticity of which must be certified by a notary. In this case, the applicant indicates his passport data or, in accordance with the legislation of the Russian Federation, the data of another identity document and the taxpayer identification number (if any).

The date of submission of documents in the course of state registration is the day they are received by the registering authority.

The applicant is issued a receipt for receipt of documents indicating the list and date of their receipt by the registering authority, if the documents are submitted to the registering authority directly by the applicant. The receipt must be issued on the day the documents are received by the registration authority. Otherwise, including when the registering body receives documents sent by mail, the receipt is sent within the business day following the day the documents were received by the registering body, to the postal address indicated by the applicant with a return receipt.

The registering body ensures the accounting and storage of all documents submitted during state registration, and is not entitled to demand the submission of documents that are not provided for by law. The decision on state registration, adopted by the registering body, is the basis for making the corresponding entry in the relevant state register.

3. The moment of state registration is the making by the registering body of an appropriate entry in the relevant state register. The registering body, no later than one business day from the moment of state registration, issues (sends) to the applicant a document confirming the fact of making an entry in the relevant state register. The form and content of the document are established by the Government of the Russian Federation. The registering body, within a period of not more than five working days from the date of state registration, submits information on registration to state bodies determined by the Government of the Russian Federation. The composition of the information sent to the said state bodies, as well as the procedure and terms for providing the relevant legal entity or individual entrepreneur with information about its credentials, are established by the Government of the Russian Federation.

Upon state registration of a legal entity being created, the following shall be submitted to the registering body:

a) an application for state registration signed by the applicant in the form approved by the Government of the Russian Federation. The application confirms that the submitted constituent documents comply with established by law of the Russian Federation to the requirements for the constituent documents of a legal entity of this organizational and legal form, that the information contained in these constituent documents, other documents submitted for state registration, an application for state registration is reliable, that when creating a legal entity, the established for legal entities of this organizational legal form, the procedure for their establishment, including payment authorized capital(authorized fund, share capital, share contributions) at the time of state registration, and in cases established by law, agreed with the relevant state bodies and (or) local governments on the creation of a legal entity;

b) a decision to establish a legal entity in the form of a protocol, agreement or other document in accordance with the legislation of the Russian Federation;

c) constituent documents of a legal entity (originals or notarized copies);

d) an extract from the register of foreign legal entities of the respective country of origin or other proof of the legal status of the foreign legal entity - founder, of equal legal force;

State registration of legal entities upon their creation is carried out by the registering authorities at the location of the permanent executive body, in the absence of a permanent executive body - at the location of another body or person entitled to act on behalf of the legal entity without a power of attorney.

Upon state registration of a legal entity created by reorganization (transformation, merger, separation, separation), the following documents are submitted to the registering authority:

a) an application signed by the applicant for state registration of each newly emerging legal entity established through reorganization, in the form approved by the Government of the Russian Federation. The application confirms that the constituent documents of legal entities created by reorganization comply with the requirements established by the legislation of the Russian Federation for the constituent documents of a legal entity of this organizational and legal form, that the information contained in these constituent documents and the application for state registration is reliable, that the deed of transfer or separation the balance sheet contains provisions on the succession of all obligations of the newly created legal entity in relation to all its creditors, that all creditors of the reorganized entity are notified in writing on reorganization and, in cases established by law, the issues of reorganization of a legal entity are agreed with the relevant state bodies and (or) local governments;

b) constituent documents of each newly emerging legal entity created by reorganization (originals or notarized copies);

c) a decision on the reorganization of a legal entity;

d) merger agreement (if it is provided for by federal laws);

e) deed of transfer or separation balance sheet;

f) a document confirming the payment of the state fee.

State registration of legal entities established through reorganization is carried out by the registering authorities at the location of the legal entities being reorganized. If the reorganization entails the termination of the activities of one or more legal entities, the registering authority shall make an entry in the unified state register of legal entities on the termination of the activities of such legal entities upon receipt of information from the relevant registering authority on the state registration of newly emerged legal entities.

Federal legislation allows for the possibility of denial of state registration, for example, in the event of failure to submit documents required by law for state registration; submission of documents to the wrong registration authority. The decision to refuse state registration is sent to the person indicated in the application for state registration, with a notification of delivery of such a decision.

Article 18Membership in a horticultural, horticultural or dacha non-profit association

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).

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

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 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;

procedure for determining the amount of membership fees. This procedure may include, among other things, establishing the amount of the membership fee depending on the area of the land plot of a member of such an association and (or) the total area of real estate objects belonging to him and located on this land plot;

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 the 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 procedure for maintaining a register of members of a horticultural, horticultural or dacha non-profit association (hereinafter also referred to as the register of association members);

the procedure for providing members of such an association with information about the activities of the governing bodies and the control body of such an association.

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.

The purpose of creating such non-profit associations is to meet the needs of citizens in the exercise of their rights to receive, own, use, dispose of garden, garden or summer cottages. Answering the question of what kind of needs, it would be appropriate to note that their range is a special sign of the purpose of creating horticultural, horticultural and dacha non-profit associations. Citizens in this case unite not only to satisfy material needs - the production of agricultural products for personal consumption, but also spiritual - leisure and health promotion during the joint development of the land.

The law defines the main forms of horticultural, horticultural and dacha non-profit associations, distinguishing between horticultural, horticultural or dacha non-profit partnerships, consumer cooperatives and non-profit partnerships.

The legislator listed only the general powers of such an association, which are basically vested in any legal entity. However, in our opinion, among these rights there is also an obligation - to answer for one's obligations with one's property. So, a horticultural (gardening, country) non-profit association is not only entitled, but in some cases obliged to do this. For example, in the case when an association assumes the obligation to pay for services under a civil law contract, it is obliged to pay off the person who provided such services to the association, and thus the obligation of the association to respond with its property arises.

General powers: (the ability to acquire and exercise property and non-property rights on one’s own behalf; raise borrowed funds; conclude contracts, which is regulated by the general norms of the Civil Code of the Russian Federation), procedural rights of horticultural associations: 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 state authorities and local self-government or for violation by officials of the rights and legitimate interests of a horticultural, horticultural or dacha non-profit association. These powers are regulated by the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation.

A horticultural, horticultural or dacha non-profit association, in accordance with civil law, has the right to create associations (unions) of horticultural, horticultural or dacha non-profit associations. This power is detailed in Art. 9 of the Law. The specified list of powers is open, and all listed rights can be supplemented or clarified in the charter of the association, if they do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, as well as the goals of the non-profit association.

4. Creation, reorganization and liquidation of a horticultural, horticultural or dacha non-profit association

A non-profit organization can carry out entrepreneurial activity only insofar as it serves to achieve the goals for which it was created. Such activity is the profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as a contributor. Don't forget that non-profit organization is an organization that does not have profit making as the main goal of its activities and does not distribute the profit received among the participants. That is, even if a horticultural, horticultural or dacha non-profit association, as a non-profit organization, carries out entrepreneurial activities that correspond to the goals for which it was created, the profit from this activity is distributed to the needs of the association or to a special fund.

A horticultural, horticultural or dacha non-profit association as a legal entity is considered established from the moment of its state registration - making an appropriate entry in the Unified State Register of Legal Entities (Clause 2, Article 51 of the Civil Code of the Russian Federation).

A horticultural, horticultural or dacha non-profit association is recognized as a legal entity only when there is its property isolation. It involves independent participation in the economic turnover of a legal entity. A certain degree of property isolation serves as the basis for civil legal capacity and necessary precondition participation of the organization in property legal relations as a subject of civil rights and obligations. If organizational unity is necessary to unite many persons into one collective entity, separate property creates the material base for the activities of such an entity. Separation of property means the legal assignment of land plots, other movable and immovable property to the relevant non-profit association, which makes it possible to distinguish them from property owned by third parties - other subjects of law.

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:

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 audit commission(auditor), members of the commission for monitoring compliance with the law, officials 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 about a general meeting of its members (a meeting of authorized persons) can be carried out in writing (postcards, letters), through appropriate messages in the media, as well as by placing appropriate announcements on information boards located on the territory of such an association, unless its charter establishes a different notification procedure. Notification of holding a general meeting of members of such an association (meeting of authorized persons) shall be sent no later than two weeks before the date of its holding. The notice of holding a general meeting of members of such an association (a meeting of authorized persons) must indicate the content of the issues submitted for discussion.

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

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

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

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.

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.

A comment

1. The article directly defines the competence and procedure for convening a general meeting (meeting of authorized persons) of a horticultural, horticultural or dacha non-profit association, the procedure for bringing the decisions of the meeting to the attention of the members of the association and establishes the right to appeal them to the court. You should immediately pay attention to the peculiarity of the division of powers of the governing bodies in the association. The law defines the exclusive competence of each body, without transferring any powers of the general meeting to the board or chairman of the board, as well as the powers of the board or its chairman to the general meeting, which ensures the rights of members of the association to participate in decision-making, management, etc.

One of the first exclusive powers of the general meeting (meeting of authorized persons) is the introduction of amendments and additions to the charter of the association, the approval of the charter in a new edition, as well as the approval of the regulations of the general meeting (meeting of authorized persons), the board, the audit commission, the commission for monitoring compliance with the legislation, the internal the work schedule of the association, the rules for organizing and operating the representative offices of the association and the mutual lending fund, the rental fund created under it, the adoption or approval of other internal regulations of the association.

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.

The procedure for amending the charter is regulated by Chapter VI of the Federal Law of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs", effective from July 1, 2002. For state registration of changes made to the charter of the association, to the registering authority (and this is the territorial authority of the Federal tax service for cooperatives or the Federal Registration Service for partnerships) are submitted:

a) a signed application for state registration in the form approved by the Government of the Russian Federation. The application confirms that the changes made to the constituent documents of a legal entity comply with the requirements established by the legislation of the Russian Federation, that the information contained in these constituent documents and in the application is reliable and the procedure established by federal law for making a decision on making changes to the constituent documents of a legal entity is observed ;

b) a decision to amend the constituent documents of a legal entity;

c) changes made to the constituent documents of a legal entity;

To make changes to the Unified State Register of Legal Entities relating to information about a legal entity, but not related to making changes to the constituent documents of a legal entity, a signed application for making changes to the state register in the form approved by the Government of the Russian Federation is submitted to the registering authority. The application confirms that the changes being made comply with the requirements established by the legislation of the Russian Federation and the information contained in the application is reliable.

In addition to the adoption of regulations on the bodies, representative offices, funds of the association, the general meeting (meeting of authorized persons) decides on the issues of their direct formation: determines the quantitative composition of the board, elects members of the board, chairman of the board, members of the audit commission, members of the commission for monitoring compliance with the law, resolves issues of early termination of their powers (with regard to the chairman of the board, the charter may provide otherwise), decides on the organization of representative offices, a mutual lending fund and a rental fund, on joining associations (unions) of horticultural, horticultural or dacha non-profit associations. The general meeting approves the reports of the elected bodies of the association, the mutual lending fund and the rental fund of the association, considers complaints against the decisions and actions of the elected bodies of the association and members of these bodies, officials of the mutual lending fund and officials of the rental fund, encourages members of the elected bodies of the association and ordinary members of the association .

The exclusive competence of the general meeting also includes issues of admission to membership of the association and exclusion from members, setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of the association, considering complaints from members of the association and encouraging the most active members of the association.

Admission to membership is carried out by a general meeting of members of a horticultural, horticultural or dacha non-profit association on the basis of an oral or written application of a citizen who has legal capacity and capacity, and if the charter does not establish Additional requirements to the candidates. Attention should be focused on the content of paragraph 4 of Art. 18 of the commented law, which reads: “the founders of a horticultural, horticultural or dacha non-profit association are considered accepted as members of such an association from the moment of its state registration.” Thus, the exception on admission to membership by the general meeting applies to the founders of the association. A citizen is considered accepted or excluded from the membership of a non-profit association from the moment the relevant decision of the general meeting is made.

The General Meeting also resolves issues related to the formation and use of the property of the association, the creation and formation of infrastructure facilities, the establishment of the size of trust funds and relevant contributions, approves the income and expenditure estimate of the association and decisions on its implementation. A special authority is to make a decision on the acquisition of a land plot related to public property in the ownership of such an association. Such a decision must be drawn up in a protocol and attached to an agreement on the acquisition of ownership (purchase and sale) or use (lease) of a land plot. And if the chairman of the board, as a representative of the association, becomes a party to such a transaction without an appropriate protocol, his actions and the agreement can be challenged in court.

Only the general meeting has the right to make decisions on the reorganization and liquidation of the association, the appointment of a liquidation commission, and also to approve the interim and final liquidation balance sheets. This procedure will be discussed in more detail below.

Thus, the exclusive competence of the general meeting includes issues that in one way or another affect the rights, obligations, interests of all its members. By general rule issues not previously specified in the notice of the general meeting (meeting of authorized persons) may be included in the agenda of the general meeting (meeting of authorized persons) if more than half of the participants in the meeting vote for it. If a dispute arises between the bodies of the association about competence, the members of the association have the right to consider this dispute at the general meeting (meeting of authorized persons) and make the appropriate necessary clarifications to the charter of the association, observing statutory order.

2. The next general meeting (meeting of authorized) members of the association may be convened for meetings as necessary. It is obliged to meet annually, however, the law does not provide for measures of responsibility for members of the association who do not attend meetings. This is the whole difficulty and the actual inability of the vigorous activity of the general meeting and its influence on economic, organizational activity. In this regard, a more convenient form is a meeting of authorized representatives. Responsibilities for convening, organizational and technical preparation for holding a general meeting of members of the association are assigned to the board of the association. At the same time, the law does not strictly regulate the terms for convening the first (organizational), annual and extraordinary general meetings of members of the association. However, in the charter of a non-profit association and in the internal regulations on the organization of the general meeting of members approved by the general meeting of members of such an association, these terms must be determined.

The legislator paid much more attention to the procedure for convening extraordinary meetings. The basis for this may be the receipt of a proposal from a local self-government body, or from at least one-fifth of the total number of members of such an association, or a request from the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting of authorized persons).

In this case, the board of a horticultural, horticultural or dacha non-profit association is obliged, within seven days from the date of their receipt, to consider these proposals and make 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. In what case can the board refuse to hold an extraordinary general meeting? Only if the procedure established by the charter of such an association for submitting a proposal or presenting a demand to convene an extraordinary general meeting of its members (meeting of authorized persons) is not observed. This may mean that the issues on the agenda (or some of them) are not assigned by the charter of the association to the powers of the general meeting of the members of the association or the meeting of authorized persons, or the request to convene an extraordinary general meeting of the members of the association or the meeting of authorized persons does not contain documents, the annex to which this requirement provided by the charter of the association; it is also possible that the initiators of the convocation are individuals who are not members of the association or authorized members of the association, etc.

Thus, issues related to the convening of an extraordinary general meeting of members of a non-profit association (meeting of authorized persons) should be reflected in founding document association and the relevant regulations of such an association. 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, the audit commission (auditor), members of the association, local government may appeal to the court.

If the board accepts such a demand (proposal), then it will have to hold a general meeting within 30 days after the adoption of the relevant decision. Moreover, it must be adopted by a simple majority of the members of the board of the association present at the meeting and approve the form for holding an extraordinary meeting (general meeting of members or a meeting of authorized persons), contain recommended candidates for chairpersons of an extraordinary general meeting of members or a meeting of authorized persons. The decision of the board of the association is signed by its members who voted for its adoption, and is made public. In what form should it be done?

As determined by the commented article, the notification of members of a horticultural, horticultural or dacha non-profit association about the holding of a general meeting of its members (a meeting of authorized persons) can be carried out in writing (postcards, letters), through 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.

In order for the general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) to be competent, it must be attended by more than fifty percent of the members of such an association (not less than fifty percent of authorized persons). From the meaning of this norm it follows that participation in the general meeting and in voting is the right of a member of the association. At the same time, a member of such an association has the right to participate in voting personally or through his representative. The powers of the representative must be formalized by a power of attorney certified by the chairman of such an association.

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

A range of issues has been specially defined, the solution of which requires a two-thirds majority - these are decisions on amending the charter of such an association and additions to its charter or on approving the charter in a new edition, exclusion from the membership of such an association, on its liquidation and (or) reorganization , the appointment of a liquidation commission and the approval of the interim and final liquidation balance sheets. Other decisions are taken 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. If the decision violates the rights, legitimate interests of a member of the association (the plaintiff), then he can appeal against it in full or in part through the court. At the same time, it is necessary to indicate in the statement of claim which of his rights were violated, to attach the contested decision to the statement. The court will not take into account the arguments of the plaintiff, if the vote of the interested member of the association could not affect the results of the vote, and the violations committed are not significant, and the decision did not cause property losses to this member of the association.

3. In some cases, the general meeting may be held in absentia, that is, by questioning the members of the association. Its procedure must be provided for by the charter, otherwise this form is not applicable. If such a form is acceptable for an association, then the approved text of the ballot for absentee voting must be attached to the charter and internal regulations, and the charter itself establishes a special procedure for informing the members of such an association of the proposed agenda, familiarization with the necessary information and documents, regulates the procedure for making proposals on the inclusion of additional issues on the agenda, a specific deadline for the completion of the absentee voting procedure is determined.

If the agenda includes issues of approval of the income and expenditure estimates, reports of the board and the audit commission (auditor) of such an association, the general meeting cannot be held in absentia. Even if the charter establishes otherwise, it will be contrary to the law and the decision made in this way is appealed through the court.

Article 22Board of a horticultural, horticultural or dacha non-profit association

1. The board of a horticultural, horticultural or dacha non-profit association is collegiate executive body and 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 according to 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;

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

17) implementation of foreign economic activity of such an 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.

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 such an association and ensure its normal operation, with the exception of decisions that relate to issues referred 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 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, horticultural or dacha non-profit association is guided by this Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, regulatory legal acts bodies of local self-government and the charter of such an association.

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.

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

Decisions of the board are taken by open voting by a simple majority of votes of the board members present. In case of equality of votes, the vote of the chairman of the board is decisive.

(as amended by Federal Law No. 337-FZ of July 3, 2016)

(see text in previous edition)

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;

(Item 2 was introduced by Federal Law No. 137-FZ of November 22, 2000)

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);

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;

Gardening or dacha non-profit association. Register of members of a horticultural, horticultural or dacha non-profit association

4. Creation, reorganization and liquidation of a horticultural, horticultural or dacha non-profit association

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