Man and woman 

Federal law on horticulture and horticulture. New Law on Horticultural Associations

For a huge number of Russian families, working in their own garden or vegetable garden is their favorite form of leisure. The status of a summer resident gardener unites many people who have managed to turn work into leisure. Those in Russia are about half of the total adult population, especially in large cities. Leading, Moscow and St. Petersburg, surrounded by an endless suburban array.

On a modern map, you can count about eighty thousand gardening associations. These include dacha, horticultural and horticultural non-profit associations. The lands occupied by them bring about half of the berries and fruits, about a quarter of all vegetables and a fifth of potatoes grown in Russia.

Gardener or gardener?

The differences between gardeners, gardeners and summer residents are spelled out in the Federal Law of April 15, 1998 No. 66-FZ, which is called “On Horticultural, Gardening and Dacha Non-Commercial Associations”. According to him, there are three types of land plots - country, garden and garden. Each plot in a gardening partnership is provided to citizens (or acquired) for a different purpose. Garden, as well as garden ─ to grow crops - vegetables, fruits or berries. Country ─ to relax. But when it is not forbidden to cultivate the land and grow crops.

A garden plot differs from a garden plot in that its owner is entitled to build residential and outbuildings, while the owner of a garden plot is not always.

About summer houses

In a residential building built on his own plot, a summer resident has the right to live with permanent registration - unlike a gardener.

Until 1990, on land plots with garden status, it was allowed to build buildings no higher than one floor and no more than strictly standardized sizes, which was reflected in the standard charter of a gardening partnership. The situation changed only with the beginning of the 90s, when these restrictions were declared unconstitutional.

Horticultural partnership

By law, gardening can be done on an individual basis. But practice shows that it is more profitable and more convenient for land owners to join forces. That is why non-profit organizations are being created on a voluntary basis, with the goal of helping participants solve common issues - economic and social.

SNT - a horticultural non-profit partnership - is a classic example of such an organization. It must have at least three members. A horticultural partnership is required to undergo state registration as a legal entity.

Charter is the basis of everything

The main document for the establishment of a non-profit association is its charter, which is adopted and approved at the general meeting. The charter of a horticultural partnership is developed on the basis of a model provision, taking into account local characteristics and needs.

Manages this non-profit organization whose powers are established by law No. 66-FZ of April 15, 1998, as well as the approved charter of the partnership.

About SNT management

The main governing body of the SNT is the general meeting, which elects the board by direct voting. Early re-election of the Board of Directors is possible only at the request of its members.

Meetings of meetings of authorized members of the partnership must be documented in minutes. Each protocol is signed by the chairman of the horticultural partnership and the secretary of the meeting. The document is sealed with the seal of the organization and is subject to permanent storage.

Who is a member of such an association?

By law, a member of a gardening partnership is any citizen of the Russian Federation over the age of 18 who owns a plot in this partnership.

The owners have the right to manage on their own territory (if the site is not withdrawn and not limited in circulation) and carry out construction according to their own plan. Being a member of the SNT, such a gardener receives both additional rights and responsibilities.

Duties and rights of members of the SNT

The right to be elected to the horticultural authorities (as well as to elect others) implies the ability to influence decisions regarding the common good. And duties that go hand in hand with rights require gardeners to obey the decisions of the general meeting and its board, use the site only for its intended purpose and protect the land from damage.

The entire list of duties is described in detail by the same law on gardening partnerships No. 66-FZ (Article 19). This legal document regulates all the main issues and moments of the dacha life of Russians in sufficient detail. In its eleven chapters, the forms of housekeeping (gardening, gardening or dacha) are established. The issues of land zoning, the nuances of providing plots for circulation and ownership, as well as issues related to the creation and liquidation of gardening partnerships, their management, the rights and obligations of members and management are considered in detail.

Issues related to horticultural partnerships are also addressed in separate chapters of the Town Planning and Land Codes of the Russian Federation, as well as in the Civil and Tax Codes.

About residential buildings on the plots

The Federal Law on gardening partnerships introduced the term "residential buildings", which was not previously mentioned in the Housing Code. According to the latter, this type of building is not considered an object of housing rights. But in fact, quite livable houses appeared everywhere on the lands of gardening associations, sometimes not just comfortable, but truly luxurious.

Back in the early 1990s, attempts were made to endow "garden houses" with the status of real housing. Federal Law No. 4218-1 of December 24, 1992 granted citizens who have their own buildings in garden or summer cottage plots the right to re-register them as private property as residential buildings. Of course, provided that they comply with the standards for residential premises. But from March 1, 2005, the new Housing Code abolished this privilege.

In 2008, the Constitutional Court of the Russian Federation allowed individual residential garden buildings to be attributed to the housing stock.

The procedure for recognizing one as habitable is rather complicated, and the subjects of the federation themselves regulate the grounds and procedure for recognizing buildings as permanent housing.

Help from the authorities

The state provides gardeners with all possible assistance, primarily by creating transport and social infrastructure. This includes the construction of shops and consumer service points, sports grounds and children's towns on the territories of SNT, assistance in organizing security, etc.

The most important issue for gardeners is transport accessibility. As a rule, local authorities try to help not only in laying and repairing roads, but also in organizing bus routes, especially on weekends.

Collectivism or individualism?

In the presence of a certain number of those who prefer individual dacha management, the collective approach generally prevails. The law provides for members of associations the right to voluntarily withdraw with the conclusion of an agreement on the use of roads and other common property. Such contracts provide for the payment of contributions of a fixed amount.

Both members of horticultural associations and "free" gardeners are required to pay land tax.

And yet there are few individualists. SNT, like other types of non-profit associations, have proven their effectiveness and ability to adapt to the conditions of the time.

About entrepreneurial activity

Horticultural partnership, as already mentioned, That is, in this case, its members are united not for profit, but to satisfy personal needs for agricultural products.

At the same time, the charter of the partnership may provide for the possibility of entrepreneurial activity. At the same time, the profit received should be directed to the development of the organization and assistance to gardeners. Legal entities are not accepted as members of a gardening partnership.

Contributions of participants - types and purpose

The Law on Horticultural Associations explains what types of contributions exist for payment in such partnerships, and how they differ.

Entrance fees are understood as amounts paid by members of a non-profit association for paperwork and organizational expenses.

Membership fees - funds regularly paid by members of the association for current expenses, for example, for the remuneration of employees under contracts (watchmen, electricians, etc.).

Target contributions - those that are made for the creation or acquisition of property for general use. This includes everything that is intended to provide on the territory of the horticultural partnership the needs of its members in water supply, sanitation, passage and passage, electricity and gas supply, heat, security, etc. These are roads, gates and public fences, water towers, boiler rooms, platforms for garbage, fire fighting facilities, etc.

About taxes

For the land of the association, SNT pays property tax. It is calculated depending on the area of ​​land of gardening associations minus the plots of those members who own them. Such owners pay tax on their own as individuals according to the tax notices of the Federal Tax Service. Land leasers pay tax through horticulture.

Other highlights

Along the border of the territory, the gardening partnership should be surrounded by a fence (you can do without a fence with existing natural boundaries - a river, a ravine).

The state, in order to preserve the fertility of the land and extract benefits from it, allocates land plots for gardening. Within these allotments, citizens are cut into individual garden plots. Driveways, streets, walkways and other elements of infrastructure are organized within each division. Ultimately, the state assigns all this to gardeners on the basis of the right of common (joint) property, as a necessary condition for the development of horticulture. The state goes further and legislates the share of each owner in the common land property.

From opponents you can hear further: “But I don’t need all your fuss with the organization. I can handle myself." I doubt that one gardener will be able to provide himself with electricity, gas, water, other engineering communications, repair the access road to his site, be able to protect his property from thieves and solve many more problems with local authorities and the state.

Horticultural non-profit partnership are established by citizens to solve the general problems of gardening, horticulture and dacha farming. One gardener cannot solve global resource-intensive tasks. For this, SNT is being created, as an organization of gardeners.

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. Manages this common (joint) property SNT, a legal entity, acts as a management company hired by gardeners. Let us turn to the definition of membership fees given to the Gardener in Article 1 of the Federal Law-66 of 04/15/1998, it is quite obvious that membership fees go to the current expenses of the partnership, that is, to maintain the SNT and to acquire, create property of a legal entity.

Rule: Contributions made from time to time by gardeners for the maintenance of infrastructure, as well as the creation of common property, which is explicitly or indirectly directed to the maintenance of infrastructure and is not a matter of necessity arising from the provisions of the law, or property owned by gardeners, will be membership. FZ-66 of April 15, 1998 Article 21, part 1, p.p. 10, 11, 12 "Competence of the general meeting of members of a horticultural, horticultural or country non-profit association (meeting of authorized persons)"

In accordance with Article 21 paragraph 1 paragraph. 10 and 12 of FZ-66 dated 04/15/1998 "Competence of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons)" the general meeting of members of the SNT approves the estimate of income and expenses of the partnership in accordance with the norms established by the Regulations of trust funds and in strict accordance with the number of plots in SNT. The amounts of contributions and payments legitimately follow from the estimate. Outcome: Gardeners have income and expenditure estimate of SNT, regulated, understandable to every gardener, the collection and distribution of money, for transparent accounting.

There was one point of the law allegedly unnoticed by us during the analysis of flights about contributions and payments. This is pp. 11 p. 1 art. 21 FZ-66 dated April 15, 1998. It's time to decide on the penalty and its size.

As experience shows, fine is set at 0.1% of the debt for each day of delay. This figure is present in many contracts that are concluded between the parties in the Russian Federation, incl. between SNT and contractors for the performance of any work, the construction of public facilities, etc. This penalty is somewhat higher than that specified in Article 75 of the Tax Code of the Russian Federation, but it is quite acceptable and is recognized as unchanged for consideration in the courts.

For further work, development of recommendations for gardeners, we turn to the Civil Code of the Russian Federation: As a result of the trial fine can be reduced and brought into line with Article 75 of the Tax Code of the Russian Federation. Those. the court will calculate the reduced amount of the debt using the following formula: P \u003d N x D x SR / 100% x 1/300

P- fine; H- amount of non-payment; D- the number of days of delay;

SR— refinancing rate of the Central Bank of the Russian Federation

If the gardener has property, then he freely owns it, uses it, disposes of it in accordance with Art. 209 "Content of the right of ownership" of the Civil Code of the Russian Federation, which constitutes the right of ownership. From this right, the burden and risk of maintaining property are simultaneously placed on the owner (Article 210 “The burden of maintaining property” of the Civil Code of the Russian Federation). Now try to answer the question yourself: “How can one maintain a land allotment transferred to two hundred gardeners, with their individual garden plots, is more or less clear. If you took ownership of it, then you need something from this land, and you will use it in accordance with the permitted use.

The chairman must organize gardeners, maintenance of common lands: the general meeting, the board and other bodies of the SNT, they are also called upon to control gardeners within their competence and authority - this is confirmed by Article 14 of the Federal Law-66 of 04/15/1998.

And then we can safely say that the investment of money by gardeners in the maintenance of a land allotment within the boundaries of the SNT is nothing more than the periodic surrender by all owners of individual garden plots of funds called membership fees in strict accordance with the norms of FZ-66 of 15.04.1998. And membership fees are the basis for the existence of SNT.

Solving common social and economic tasks, SNT, as an organization, creates an infrastructure that is quite specific for this particular association.

From the definition it follows that only all taken together: common property with governing bodies, control, employees and make up this very infrastructure, which gardeners, according to Art. 210 of the Civil Code of the Russian Federation are required to contain. Civil Code of the Russian Federation, article 210 "The burden of maintaining property"

FZ-66 dated April 15, 1998, article 19 “Rights and obligations of a member of a horticultural, horticultural or dacha non-profit association”

A MEMBER OF A GARDENING NON-COMMERCIAL PARTNERSHIP IS OBLIGED:

Bear the burden of maintaining the land and the burden of responsibility for violation of the law;

Timely pay membership and other fees provided for by this Federal Law and the CHARTER of the Partnership, taxes and payments for your site and for a share in public land, payments for the maintenance of infrastructure.

The board of the horticultural association, together with interested persons, other employees, etc., calculates the funds that should be spent on the needs of the partnership in the next year, included in the expenditure part SNT estimates. This takes into account the funds that will be spent on the creation of common property owned by SNT as a legal entity. It is easy to determine this, knowing the purpose for which the property is acquired, for the maintenance of the existing infrastructure. They include the salaries of employees, the purchase of office supplies, arrangements for organizing and preparing general meetings, telephone conversations, repair of roads, fences, the administration building, water supply, power lines, etc. In other words, the indicated current expenses are nothing more than the maintenance of the same infrastructure in normal working condition, or the very current expenses that are defined in Article 1 "Basic Concepts" of the Federal Law-66 of 04/15/1998.

Example: SNT is necessary in accordance with SP 53-13330.2011 "Planning and development of territories of gardening (country) associations of citizens, buildings and structures" and Federal Law-123 of July 22, 2008 "Technical regulations on fire safety requirements" to purchase a fire engine pump. In addition, it is planned to purchase a set of office equipment for the board, a working tool for an electrician. This should definitely be owned by SNT. That is, the property is bought, accounted for and used as the property of a legal entity. After the acquisition, this property is not divided, not allocated, not returned to gardeners, except in the event of the liquidation of SNT (Articles 40 - 44 of the Federal Law-66 of 04/15/98). It is important to highlight here that these acquisitions are made on membership fee. But they, just, according to the law, do not return, tk. go to the running costs of the organization.

We understand further. Suppose we have a certain amount, which is carefully calculated by the board, and which is supposed to be included in the estimate with a proposal to the general meeting to approve it as an expenditure part of the estimate.

The principle of collection of membership fees

In the Federal Law-66 of 04/15/1998, there is no clear definition on what basis the gardener must pay contributions to the SNT. But this does not mean at all that in SNT you can do as the general meeting, the board, wants. This is exactly what many gardeners who do not read the law deeply think. But sometimes even the courts that decide on dues also think that the assembly can do anything. This opinion is erroneous.

If the gardener, by virtue of owning a large plot (or even several plots), receives more from his plot (plots), then why should the provision of all these benefits be determined by equal contributions? The guard, making a tour of the territory of the partnership, spends more time on a larger area; the board, fulfilling its duties even with the same amount of work, ultimately allows the owner of a larger plot to extract more material benefits for himself. Let's go back to the letter of the law.

Defenders of the formula do not take into account the changes made to Article 15 of the basic FZ-66 of April 15, 1998 by Federal Law FZ-118 of June 26, 2007. In this regard, many publications are outdated, but still hang on the World Wide Web. And people often fall into these networks, believing in what is written on the pages of sites.

Output: The membership fee cannot be calculated based only on the institution of membership in a public association, which is a horticultural non-profit partnership, because. contribution is primarily an economic category. A member of the SNT who owns a large number of plots in comparison with other members should not pay an equal membership fee with others, because. at the same time, the principle of social justice is violated and the amount of the contribution for each member of the SNT who owns one and the number of plots increases.
Principle: 1 member of the SNT - 1 membership fee is correct, but the fee cannot be the same for all members of the association.

The loophole for SNT landowners here lies in the formula itself. Don't you see? We explain. The newly-minted latifundist, who yelled at past meetings about the need to take one contribution from one member, everyone has equal duties in the SNT, will not do this now. Having bought 9 plots, he will become the owner of a powerful land plot with the right to make good money on it. However, he still has to pay for 10 plots. Further, the goal of our landowner will be to escalate actions secretly from the SNT to merge 10 plots into one with one cadastral number. By the way, SNT cannot prevent him from doing this. After the implementation of the plan, instead of 100 sites, 91 plots will remain in our SNT. In the end, our owner calmly goes to the board and pays for ... - 1 site one membership fee.

In this hopeless situation of ours, the poor gardeners are once again forced to pay out of their own pockets for the missing contributions from 9 plots that were sold to one dodgy landowner. And again the question looms in SNT: “What to do?”

In this case, we are talking about the fact that the membership fee is determined by accounting calculations. Those. general meeting members of the SNT approves by its decision the costs and incomes of the SNT in the next year, from which, by simple calculations, each gardener at the meeting will find out the size membership fee, tightly tied to 1 m² of his individual garden plot. As a rule, the chairman of the board in his report or the accountant in his speech, voicing the estimate, must indicate the size of the membership fee for 1 hundred square meters. Based on the fact that garden plots, as a rule, have a standard 8 acres, then the figure is voiced for 8 acres (800 m²). Any gardener can easily estimate the size of his membership fee for 4 acres, 5.5 acres or 8, etc.

Article 21 para. 1 para. 10 FZ-66 of April 15, 1998 establishes the right of the general meeting to set the amount of contributions. Let's figure it out. Since there is no direct indication in our Federal Law-66, then, according to Article 6 of the Civil Code of the Russian Federation, we can look for similar norms in other laws.

FZ-141 dated November 29, 2004 in Article 1 “On Amendments to Part 2 of the Tax Code of the Russian Federation” in Articles 388, 390, 391, 392 (Chapter 31 “Land Tax”) directly indicates the dependence of the land tax on the size of the land plot. And here is what is written in Part 1 of the Tax Code of the Russian Federation, article 38: the norms of the article clearly determine that the amount of taxes, fees, payments is determined depending on the size of the object in value terms. This is how the tax authorities calculate the size of the land tax for us gardeners: from the availability of square meters of land in the property. We add that the tax is paid from the object (plot), and not from the subject (citizen, gardener). The larger the item, the higher the tax. And the tax legislation is completely up to one place if a citizen belongs to membership in a public organization: taxes are not taken from a member of the SNT. The affiliation of a particular site to a particular owner (again, not a member of the SNT) in accordance with tax legislation determines the subject of payment, i.e. taxpayer and nothing more.

Article 21, paragraph 1, paragraphs. 10 “Competence of the general meeting of members of a horticultural, horticultural or dacha non-profit association” FZ-66 of 04/15/98 on the priority of making a decision by the general meeting of members of the SNT on contributions, they charge one membership fee from their members, but it differs in size, depending on the area of ​​\u200b\u200bthe plot each member.

06/26/2007 FZ-118 made a small amendment to the basic FZ-66 of 04/15/1998: Part 2 of Article 15, indicating that one gardener can own only one plot, became invalid from 07/03/2007 .

In accordance with Federal Law-118, any gardener can buy a neighboring plot, or even two, three - as much as he can use (process).

But, if the decision of the meeting can be easily revised, then with charter it is much more complicated: the new version requires registration, and the quorum for such a meeting is not 50% of the SNT members, but 2/3.

Size membership fee, tightly tied to 1 m² of his individual garden plot. As a rule, the chairman of the board in his report or the accountant in his speech, voicing the estimate, must indicate the size of the membership fee for 1 hundred square meters.

The final exact calculation of the amount of the contribution is made by the accountant. First, the total cost of SNT in the next year is divided by the area of ​​​​all individual plots (the board always has such initial data for calculation). The result is the cost of the membership fee from 1 m² included in individual garden plot, any gardener. Multiplying this cost by the number of meters of a particular individual plot, we get the amount of the contribution.

With this principle, social justice is fully respected: who owns more land, pays more. I believe that if the whole world, including the Russian Federation, has been living this way for a long time in accordance with the adopted legislative acts, then there is no reason for the SNT to live in any other way.

FZ-141 dated November 29, 2004 in Article 1 “On Amendments to Part 2 of the Tax Code of the Russian Federation” in Articles 388, 390, 391, 392 (Chapter 31 “Land Tax”) directly indicates the dependence of land tax on the size of the plot.

The norms of the article clearly define that the amount of taxes, fees, payments is determined depending on the size of the object in terms of value. This is how the tax authorities calculate the size of the land tax for us gardeners: from the availability of square meters of land in the property. We add that the tax is paid from the object (plot), and not from the subject (citizen, gardener). The larger the item, the higher the tax. And the tax legislation is completely up to one place if a citizen belongs to membership in a public organization: taxes are not taken from a member of the SNT. The affiliation of a particular site to a particular owner (again, not a member of the SNT) in accordance with tax legislation determines the subject of payment, i.e. taxpayer and nothing more.

Membership fees

Quite recently, in our SNT, no one had a clue about the existing FZ-66 of 04/15/98 and all the norms and actions that follow from it. But times change, and not always for the worse. Get to the point! Our gardeners for 2010 paid membership fees at the rate of 300 rubles per hundred square meters. This is the end of this calculation. If you think about it, it becomes clear that these contributions had nothing to do with the actual costs of the SNT in this 2010 year. Indeed, why not pay 100 rubles or 500 rubles per hundred square meters. At the meeting, this is what people suggested. Nobody justified anything.

In 2011, thanks to familiarity with the Federal Law-66, the general meeting of members of our ancient SNT finally adopted an income and expenditure estimate, which almost corresponds to the norm of paragraph 1 of paragraph. 12 of Article 21 "Competence of the general meeting of members of a horticultural, horticultural or dacha non-profit association." We will not analyze the estimate by elements in this article. It is important for us to determine the principles for determining the size of the membership fee. And it clearly follows from the estimate.

So, before the general meeting, at which the income and expenditure estimate was to be approved, the board worked out in advance (not 2 weeks in advance) the expenditure part of the estimate in strict accordance with the definition of membership fees given in Article 1 of the Federal Law-66.

SNT expenses include all SNT expenses that the company is ready to incur in the next year. These expenditures will be accurately correlated with the maintenance of the SNT infrastructure and the infusion of part of the funds from contributions to a special fund. These expenses will include the salaries of the chairman, accountant, electrician, security guards, maintenance of buildings and structures, including everything common property, incl. the property that was created for earmarked contributions. This also includes expenses for stationery, trips to organizations and departments, telephone calls, training and recertification of personnel, tax and other obligatory payments, expenses for organizing and holding general meetings, repairing equipment, public roads, etc., etc. ., etc. In a word, the expenditure part of the estimate that forms the membership fee will include all those expenses of the SNT that do not create or develop infrastructure, but only maintain it in strict accordance with the norms of Articles 209, 210 of the Civil Code of the Russian Federation.

Common property (common property) created with the funds of a special fund, i.e. for part of the membership fees, as a rule, are designed to serve the infrastructure of the SNT. These are office equipment of the board, a common fence around the SNT, a board building, a guards' gatehouse, a barrier at the entrances to the SNT, fire fighting equipment, etc. That is, the property and objects that were not created for earmarked contributions, and which, by virtue of the method of creation, acquisition, become the property of SNT as a legal entity.

This property is not allocated and is not issued in parts, in monetary terms, in cases of withdrawal of a member of the SNT from the association, sale of a plot, donation, etc. This property is transferred to the maintenance of the new member of the SNT along with the garden land from the old member (who sold it, donated the plot, or somehow transferred the ownership).

Will membership fees be the same for all gardeners? The answer is obvious - no, they won't.

The size of the membership fee for each gardener is determined: based on 1 m² from the area of ​​own.

If the gardener's house is not connected to the power line, then such a gardener also pays a fee for the maintenance and construction of power lines.

The legitimacy of charging a membership fee from gardeners whose plot is not connected to the power line, but use the lighting of streets, passages in SNT in the dark. This case should be considered in the context of Article 249 “Expenses for the maintenance of property in shared ownership” of the Civil Code of the Russian Federation. That is, if the owners of power lines at their own expense made a lighting system in SNT. The maximum that can be done in this situation is to scatter the electricity consumed by the lighting system equally among all the owners of the power transmission line.

In order for all gardeners to pay some part of the membership fee for the maintenance of the lighting system (do not confuse it with the kilowatt / h of electricity consumed by the lighting system - this is a utility bill), you must first gather the SNT members at a general meeting and decide on the maintenance of the lighting system, of course by coordinating this issue with the owners of the transmission line. At the same time, the lighting system created at the expense of a special fund will become the property of SNT, as a legal entity, and this property will be a share in relation to the entire power transmission line. That is, there will be share owners of power lines (gardeners), and there will also be a share owner of SNT. You can, of course, create a lighting system for targeted contributions from all gardeners, then according to the share in the lighting system (similar to the share of SNT in power lines), gardeners will be required to pay a membership fee for the maintenance of the lighting system (replacement of lamps, routine inspection, electrician's salary, etc.)

As a result of all our research, we have:

The income and expenditure estimate certainly includes targeted contributions, which are collected separately from membership fees and are not the property of the SNT, unlike membership fees (Article 4, Clause 2 of FZ-66). But, targeted contributions are considered on the page “Targeted contributions to SNT. Differences from membership fees, the principle of collection, size. It's detailed and laid out in detail.

There is another important point in the system of collection of membership fees. True, it also applies to all other fees in SNT:

Should be known and remembered that the SNT board cannot, does not have the right not to take into account all gardeners, including abandoned plots, in the income and expenditure estimates. Otherwise, the active members of the SNT at their own expense stupidly contain idlers who have not appeared in the SNT for years. And the number of those who do not appear is growing and will continue to grow if the active part, together with the board, does not take action against non-payers.

Losses resulting from underfunding of the income part of the estimate due to non-arrival of payments, the board has the right, is obliged to recover from non-payers through the court in accordance with the requirements of Article 7 "Powers of a horticultural, horticultural or country non-profit association", Article 46 "Protection of the rights of horticultural , gardening, dacha non-profit associations and their members "FZ-66 of 15.04.98 and articles: 210. "The burden of maintaining property", 244 "The concept and grounds for the emergence of common property", 249 "Expenses for the maintenance of property located in shared property” of the Civil Code of the Russian Federation.

MOSCOW AND MOSCOW REGION:

SAINT PETERSBURG AND LENIGRAD REGION:

REGIONS, FEDERAL NUMBER:

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 of the federal law on SNT contains 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, there will be 2 types of contributions - 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 at the current moment, then you do not 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.

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 some additional obligations for gardeners. 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, significant changes are expected in the Russian legislation governing legal relations with the participation of horticultural partnerships. They will be expressed:

  1. In the entry into force of a number of amendments to the Federal Law "On horticultural associations" dated April 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 the State Registration of Real Estate" dated June 13, 2015 No. 218-FZ, the procedure for state registration of land plots. technical plan for a house in a summer cottage - as a condition for registering a house as a property.
  3. In the possible adoption of a completely new Law on horticultural associations of 2017 - based on bill No. 1160742-6. The essence of the initiative is in 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, the adoption of a “new law” on horticultural partnerships generally means the approval of just the same bill (which, it should be noted, 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 the members of the organization, the methods of spending these contributions, their economic justification.
  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 gardeners' organizations will be 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.

The State Duma Committee on Natural Resources, Property, and Land Relations was instructed to prepare an appropriate draft law for consideration by State Duma deputies. 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 in gardening partnerships 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 entered 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 .

RUSSIAN FEDERATIONFEDERAL LAW

On Amendments to the Federal Law “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”

Article 1

Include in the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens" (Collected Legislation of the Russian Federation, 1998, N 16, Art. 1801; 2000, N 48, Art. 4632; 2002, No. 12, Art. 1093; 2003, No. 50, Art. 4855; 2006, No. 27, Art. 2881; 2007, No. 27, Art. 3213; 2014, No. 26, Art. 3377) the following changes:

1) Paragraph seven of Article 1 after the words "association for" shall be supplemented with the words "maintenance of public property,";

2) in paragraph 4 of Article 16:

a) add a new paragraph eight of the following content:

the procedure for determining the amount of membership dues. This procedure may include, among other things, the establishment of 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;”;

c) add a new paragraph nineteen and paragraph twenty with the following content:

“the procedure for maintaining the 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.

d) paragraphs eighteenth and nineteenth shall be considered paragraphs twenty one and twenty two, respectively;

3) in Article 19:

a) paragraph 1 shall be supplemented with subparagraph 2_1 of the following content:

"2_1) get acquainted with the documents related to the activities of the association, provided for in paragraph 3 of Article 27 of this Federal Law, and receive copies of such documents;";

b) paragraph 2 shall be supplemented with subparagraph 11_1 of the following content:

"11_1) within ten days from the date of termination of the rights to the land plot belonging to him, notify in writing the board of the horticultural, horticultural or dacha non-profit association;";

4) Chapter IV shall be supplemented with Article 19.1 with the following content:

“Article 19_1. Register of members of a horticultural, horticultural or dacha non-profit association

1. Not later than one month from the date of state registration of a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, the chairman of the board of the association or another authorized member of the board of the association creates and maintains a register of members of the association.

2. Collection, processing, storage and dissemination of information necessary for maintaining the register of association members are carried out in accordance with this Federal Law and the legislation of the Russian Federation on personal data.

3. The register of association members must contain:

1) surname, name, patronymic (if any) of a member of such an association;

2) postal address and (or) e-mail address at which a member of such an association can receive messages;

3) the cadastral (conditional) number of the land plot, the right holder of which is a member of such an association (after the distribution of land plots among the members of the association), and other information provided for by the charter of such an association.

4. A member of the relevant association is obliged to provide reliable and necessary information for maintaining the register of members of the association and timely inform the board of the association about changes in the specified information.”;

5) the third paragraph of paragraph 3 of Article 21 shall be stated as follows:

“If the agenda of the general meeting of members of a horticultural, horticultural or dacha non-profit association includes the issues of amending the charter of the association or approving it in a new edition, liquidating or reorganizing the association, approving the income and expenditure estimates, reports of the board and the audit commission (auditor) of the association, absentee voting (by poll) on such issues is not allowed, except for the case when the general meeting of the members of the association, which was held by the joint presence of the members of the association and the agenda of which included these issues, did not have the quorum provided for in paragraph seven of clause 2 of this article .»;

6) in Article 22:

a) the third paragraph of clause 2 shall be supplemented with the following sentence: "In case of equality of votes, the vote of the chairman of the board is decisive.";

b) Paragraph 3 shall be supplemented with subparagraph 20 of the following content:

"20) maintaining a register of members of the association.";

7) in Article 27:

a) point 3 shall be stated in the following wording:

“3. Members of a horticultural, horticultural or dacha non-profit association and citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association, upon their request, must be provided for review:

1) the charter of a horticultural, horticultural or dacha non-profit association, amendments to the charter, a certificate of registration of the relevant association;

2) the accounting (financial) statements of the association, the income and expenditure estimate of the association, a report on the execution of this estimate;

3) minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association (meetings of authorized persons), meetings of the board, the audit commission (auditor) of the association, the commission of the association for monitoring compliance with the law;

4) documents confirming the results of voting at a general meeting of members of a horticultural, horticultural or dacha non-profit association, including voting ballots, powers of attorney for voting, as well as decisions of members of the association during the general meeting in the form of absentee voting;

5) title documents for common property;

6) other internal documents provided for by the charter of a horticultural, horticultural or dacha non-profit association of citizens and decisions of the general meeting of members of the association.”;

b) add paragraph 4 with the following content:

"4. A horticultural, horticultural or dacha non-profit association is obliged to provide a member of the association, a citizen engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of such an association, at their request, copies of the documents specified in paragraph 3 of this article. The fee charged by the association for the provision of copies may not exceed the cost of their production. Provision of copies of the documents specified in paragraph 3 of this article to the local government body on whose territory such an association is located, state authorities of the relevant subject of the Russian Federation, judicial authorities and law enforcement agencies is carried out in accordance with their requests in writing.

Article 2

1. Horticultural, horticultural or dacha non-profit associations of citizens, created before the day this Federal Law enters into force, are required to create a register of members of the corresponding association before June 1, 2017.

2. The charters of horticultural, horticultural or dacha non-profit associations of citizens are subject to being brought into line with the norms of the Federal Law of April 15, 1998 N 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" (as amended by this Federal Law) upon the first change of constituent documents of such legal entities. When registering these changes to the constituent documents, the state fee is not charged.

Article 3

This Federal Law shall enter into force on the day of its official publication.

The president
Russian Federation
V.Putin

Electronic text of the document
prepared by Kodeks JSC and verified against:
Official Internet portal
legal information
www.pravo.gov.ru, 07/04/2016,
N 0001201607040119