Administrative responsibility of gardeners for violation of land, town planning and water legislation within the boundaries of the SNT territory
In accordance with regulations Code of Administrative Offenses of the Russian Federation (CAO PF 195 FZ), entered into force on July 1, 2002, gardeners may be fined for the following administrative offenses land legislation committed within the boundaries of the SNT.
1. Unauthorized occupation of land
Article 7.1 of the Code of Administrative Offenses
2. Destruction of boundary markers land plots
Article 7.2.1 of the Code of Administrative Offenses
3. Unauthorized occupation of a land plot of the coastal strip of a water body, a zone of sanitary protection of sources of drinking and household water supply
Article 7.6 of the Code of Administrative Offenses
Grower ( individual) Administrative fine from 300 to 500 rubles
Official of SNT Administrative fine from 500 to 1000 rubles
For SNT ( entity) Administrative fine from 5,000 to 10,000 rubles
4. Unauthorized occupation of a forest fund site or a forest site that is not included in the forest fund
Article 7.9 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 500 to 1000 rubles
Official of SNT Administrative fine from 1000 to 2000 rubles
For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles
5. Unauthorized assignment of the right to use land, a forest plot or a water body
Article 7.10 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 500 to 1000 rubles
Official of SNT Administrative fine from 1000 to 2000 rubles
For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles
6. Violation of fire safety rules in forests
Article 8.32 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 1500 to 2500 rubles
SNT official Administrative fine from 5,000 to 10,000 rubles
For SNT (legal entity) Administrative fine from 30,000 to 100,000 rubles
7. Violation of fire safety rules
Article 20.4 of the Code of Administrative Offenses
1. Violation of fire safety requirements, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses
Gardener (individual) Administrative fine from 500 to 1000 rubles
Official of SNT Administrative fine from 1000 to 2000 rubles
For SNT (legal entity) Administrative fine from 10,000 to 20,000 rubles
And administrative suspension of activities for up to ninety days.
2. The same actions committed under the conditions of a special fire regime
Gardener (individual) Administrative fine from 1000 to 1500 rubles
SNT official Administrative fine from 2,000 to 3,000 rubles
For SNT (legal entity) Administrative fine from 20,000 to 30,000 rubles
3. Violation of fire safety requirements that caused a fire without causing grievous harm human health
SNT official Administrative fine from 3,000 to 4,000 rubles
For SNT (legal entity) Administrative fine from 30,000 to 40,000 rubles
6. Unauthorized blocking of passages to buildings and structures installed for fire trucks and equipment
Gardener (individual) Administrative fine from 300 to 500 rubles
Official of SNT Administrative fine from 500 to 1000 rubles
For SNT (legal entity) Administrative fine from 5,000 to 10,000 rubles
8. Violation of fire safety requirements on the provision of passages, driveways and entrances to buildings, structures and structures
Gardener (individual) Administrative fine from 1500 to 2000 rubles
SNT official Administrative fine from 7,000 to 10,000 rubles
For SNT (legal entity) Administrative fine from 120,000 to 150,000 rubles
8. Unauthorized constructions are real estate objects erected on a land plot not allocated for these purposes, or without obtaining the necessary permits or with significant violations of building codes and regulations.
Transactions aimed at selling, donating, leasing or otherwise disposing of unauthorized construction are invalid as illegal. Unauthorized construction is subject to demolition by the person who carried it out or at his expense.
9. Article 222 of the Civil Code regards such a structure as unauthorized, which means that sooner or later it will be demolished, and the “owner” will pay for it.
10. A land plot in connection with its misuse may also be withdrawn from the owner by a court decision.
Tired of the garbage heaps that grow up every summer near summer cottages, the Moscow Region authorities have developed a "Regional standard for the maintenance and improvement of horticultural, gardening and country associations". This is so far the only set of rules in the country, for the violation of which they will be fined, will come into effect in the next summer season.
When the law is written
"The activities of the SNT are regulated by 35 regulations - laws and decrees of the federal and regional governments," says Nikita Chaplin, deputy chairman of the Moscow Regional Duma, who is also chairman of the Union of Summer Residents of the Moscow Region. "We decided to bring all the norms into a single document." With a request for this, the chairmen of several gardening associations turned to the authorities at once. This year, a new regional law on improvement began to operate in the region, which has already collected almost 4 million rubles in fines from the owners of 6 acres, and there are still a good three months before the end of the summer season! So they decided in the Moscow region to convey to each of the 11 thousand SNT a list of legislative requirements, observing which you can not be afraid of fines.
"We didn't come up with anything new, the standards set out the rules for the maintenance of objects, the state of which causes the most complaints from the inspectors of the State Administrative Technical Supervision Agency," says Tatyana Vitusheva, head of the regional supervisory agency. Summer residents, according to her, are prepared for innovations: all spring, representatives of the Gosadmtekhnadzor traveled to SNT with lectures on upcoming standards.
How much does it cost to break?
The standards state: SNT starts with a sign. At the entrance to it, a sign with the name of the partnership should be installed so that emergency vehicles can easily find the desired sign. For the absence of a sign, SNT is fined 40 thousand rubles. The same cost is the absence of an information board with a partnership scheme, emergency numbers and mobile number Chairman of the SNT
The entrance to the territory must be equipped with a gate or barrier. Is there neither one nor the other? The partnership will have to fork out 50 thousand rubles, and its chairman, as an official, 4 thousand rubles. A summer resident caught at the time of damage to the barrier or gate will pay 2 thousand rubles. The same fines are imposed for the absence or damage to the fence around the SNT, which, according to the standards, cannot now exceed 2 meters. 10% of non-working street lamps is also a reason for fines. For this, SNT is fined 40 thousand rubles.
Roads within the partnership must be hard-surfaced, at worst - poured from crushed stone. And this is one of the few rules of improvement standards, for the violation of which there is no fine. Inside the SNT, gardeners do everything at their own expense, and not every partnership will master the asphalt road.
The heaviest fines are imposed for the biggest misfortune of any dacha - for garbage. Each SNT is obliged to conclude an agreement with a contractor for garbage collection and equip a site for garbage containers. If summer residents who have not joined the SNT live on the territory of the partnership, each of them is obliged to conclude such an agreement independently. For violation of these rules, SNT is fined 500 thousand rubles, the chairman - 50 thousand, and single summer residents - 5 thousand rubles. Reluctance to pay for the removal and decided to burn the garbage on your site? This also costs 5,000. According to the new standards, only leaves and grass can be burned in areas. Other combustion products poison the lives of your neighbors.
By the way, about the neighbors: now you will have to coordinate with them the presence of your smaller brothers. Specifically, bees and pigs. Pigs delivered without the consent of the board of the hive or brought in are estimated at 3-5 thousand rubles a fine. Neighbor interests should also be taken into account when building a toilet on your site. From it to the neighboring house should be at least 12 meters. You can not put a toilet and closer than 8 meters to the well. There are no fines for this, but if a neighbor considers that your bathroom prevents him from properly contemplating nature, it can be demolished in court as an object that violates landscaping standards.
And the last. You can leave your property on the common territory of the SNT for no more than a week. Otherwise, you will have to pay from 3 to 5 thousand rubles a fine. The same amount will cost washing the car or repairing it on common land.
Forewarned means saved
So that the next summer season does not “eat” the entire budget of gardeners with fines, Gosadmtekhnadzor promises to punish those responsible for violating landscaping standards with warnings for the first time. And fined only for their non-compliance. “But we will seriously check the fulfillment of our instructions,” warns Tatyana Vitusheva. Inspectors, of course, are unlikely to overtake a second time in the same place a summer resident breaking a barrier or repairing a car in the middle of the street. But garbage heaps, uncoordinated beehives and holes in fences will not escape their attention. In addition, in the service of the supervisory authority - drones with cameras, pictures from which are also a legitimate reason for fines.
The standards state: SNT starts with a sign. At the entrance to it, a sign with the name of the partnership should be installed so that emergency vehicles can easily find the desired sign. For the absence of a sign, SNT is fined 40 thousand rubles. The absence of an information board with a partnership scheme, emergency phones and the mobile number of the chairman of the SNT costs the same amount.
The entrance to the territory must be equipped with a gate or barrier. Is there neither one nor the other? The partnership will have to fork out 50 thousand rubles, and its chairman, as an official, 4 thousand rubles. A summer resident caught at the time of damage to the barrier or gate will pay 2 thousand rubles.
The same fines are imposed for the absence or damage to the fence around the SNT, which, according to the standards, cannot now exceed 2 meters. 10% of non-working street lamps is also a reason for fines. For this, SNT is fined 40 thousand rubles.
Roads within the partnership must be hard-surfaced, at worst - poured from crushed stone. And this is one of the few rules of improvement standards, for the violation of which there is no fine. Inside the SNT, gardeners do everything at their own expense, and not every partnership will master the asphalt road.
The heaviest fines are imposed for the biggest misfortune of any dacha - for garbage. Each SNT is obliged to conclude an agreement with a contractor for garbage collection and equip a site for garbage containers. If summer residents who have not joined the SNT live on the territory of the partnership, each of them is obliged to conclude such an agreement independently. For violation of these rules, SNT is fined 500 thousand rubles, the chairman - 50 thousand, and single summer residents - 5 thousand rubles.
Reluctance to pay for the removal and decided to burn the garbage on your site? This also costs 5,000. According to the new standards, only leaves and grass can be burned in areas. Other combustion products poison the lives of your neighbors.
By the way, about the neighbors: now you will have to coordinate with them the presence of your smaller brothers. Specifically, bees and pigs. Pigs delivered without the consent of the board of the hive or brought in are estimated at 3-5 thousand rubles a fine. Neighbor interests should also be taken into account when building a toilet on your site. From it to the neighboring house should be at least 12 meters. You can not put a toilet and closer than 8 meters to the well. There are no fines for this, but if a neighbor considers that your bathroom prevents him from properly contemplating nature, it can be demolished in court as an object that violates landscaping standards.
And the last. You can leave your property on the common territory of the SNT for no more than a week. Otherwise, you will have to pay from 3 to 5 thousand rubles a fine. The same amount will cost washing the car or repairing it on common land.
So that the next summer season does not “eat” the entire budget of gardeners with fines, Gosadmtekhnadzor promises to punish those responsible for violating landscaping standards with warnings for the first time. And fined only for their non-compliance. “But we will seriously check the fulfillment of our instructions,” warns Tatyana Vitusheva.
Inspectors, of course, are unlikely to overtake a second time in the same place a summer resident breaking a barrier or repairing a car in the middle of the street. But garbage heaps, uncoordinated beehives and holes in fences will not escape their attention. In addition, in the service of the supervisory authority - drones with cameras, pictures from which are also a legitimate reason for fines.
Gosadmtekhnadzor sent applications to the court to restrict travel outside the country for 6 residents of the Moscow region. They did not pay the fines for violating the regional law on landscaping. "In order to be among those banned from traveling abroad, it is enough for citizens to owe 10,000 rubles in fines," Vitusheva said, adding that her department is currently preparing several more similar applications to the courts.
The main innovation since 2019 is that absolutely all owners suburban areas will be required to pay contributions, and equal ones (even if part of the services is not needed - partial payment is not allowed, i.e. we pay all or nothing ... but only if you do not use any of the "services"). These mandatory payments will be spent on maintenance and upkeep. common property, as well as payments of participants in non-profit partnerships. Previously, dacha owners entered into contracts with partnerships only for those services that they needed. They could not pay for services they did not use, such as road maintenance. Summer residents who did not have personal transport did not use the roads and did not need such a service as road maintenance. Personal owners of plots who are not members of partnerships must make mandatory payments in the same way as members of partnerships. If these citizens refuse to pay mandatory contributions, they will be in legislative order claim through the court.
The amount of the mandatory contribution is determined in the Charter of the partnership (gardening or gardening). The newly adopted law allows the partnership to independently decide what amount of these payments: equal for all members or proportional to the volume of use of property common use , ... which is broken down by the area of the site or building. (Oleg Valenchuk, Chairman of the Union of Gardeners of Russia)
The new law defines and consolidates the procedure for making a decision on general principles and the amount of mandatory contributions at the general meeting of land owners. This rule has been changed in the new law, the owners of plots (even if they are not members of the partnership) take part in the vote in the same way as members of the garden partnership.
The decision adopted by the meeting is considered legal if it was attended by 50% of all members of the partnership and plus one person (a member of the partnership). A mixed form of participation in general meetings is now legal (absentee voting is also considered legal) - Trishina Polina (deputy chairman of the Moscow Union of Gardeners) explained the norm of the law.
CONCLUSIONS for members of SNT "MIR":
The amount of payments to members of the SNT, and gardeners who left the SNT should be equal, as well as equal rights and volumes of use of public property provision of services
The amount of payment depends primarily on the volume of use of common property or is equal for all (other options are not provided by law).
For SNT MIR in 2018, the situation is exactly the opposite:
Electric power was distributed to everyone in equal amounts, regardless of the area of the plot, and payment is taken in proportion to the area.
For plots using common property (common use land) - payment is not adjusted (equal).
What to do?
1. the easiest way is to equalize everyone in terms of payment, ... but this is also not entirely fair, but legal.
2. clearly follow the law “by the volume of use of common property” - the path is difficult, pay by acres (actual, not hypothetical), distribute electricity proportionally according to the actual area (rounded up to a whole kW), in addition, for plots using land public, impose an additional fee.
First of all, this measure will make it possible to comply with the law, increase revenues to the SNT budget without increasing the price, and force the registration of public land in personal ownership.
What is needed for this?
1. make a decision at the general meeting of the SNT on which path we are going
2. along the 2nd path ... have data on the geodesy of all sections
Deadline - 31/12/2018 , if realistic - until the end of the summer season.
IMHO: calculation of the approximate amount per 1 hectare of the use of public land: the total cost according to the estimate (IMHO: exclude the cost of electricity - idling of the transformer, repair and maintenance of the electrical economy) divided by the area of public land and multiplied by the occupied area (rounded up within reason) … Roughly estimated - double rate of payment for the plot, i.е. additional amount ... almost equal to payment of membership fees for 1 hundred square meters (i.e. 6 acres + 2 acres of common land = 8 * 130 + 2 * 130, if the same, or rather 6 * 130 + 2 * 2 * 130 ...) - requires clarification, but the order is correct (but everyone can be wrong).
PENALTIES
CNT has no right to impose any fines on anyone. All payments are provided for by the Charter of the SNT or general meeting but not penalties. Fines can be collected only on the basis of protocols for administrative offenses, but according to the law, SNTs are not entitled to draw them up.
In other words: a gardener may be levied in the form of a fine only in accordance with the administrative legislation and officials, the range of which is determined by the Code of Administrative Violations. There is no other procedure for imposing a fine by the legislation and the right to collect a fine is not granted to SNT. In the event of a fine, you must contact the prosecutor's office or the police.
Foundation - Code Russian Federation on administrative offences.
PENY
The amount is determined by the agreement or the general meeting, however, in the event of litigation, the amount of unreasonably high penalties, as a rule ... is reduced to 1/300 of the refinancing rate for each day of delay from the amount not paid on time (starting from the day after the expiration of the deadline for fulfilling the obligation under contract), i.e. per month 7.5/300*30=0.75% (March 2018), not 1% per day.
CHARTER SNT
Making changes to the charter is a voluntary matter, but from the date of entry into force of the law to those created until the date of entry into force of this federal law horticultural or dacha non-profit partnerships until their charters are brought into line with Articles 1-28 of this Federal Law, the provisions of this Federal Law on Horticultural non-profit partnerships, i.e. The charter is valid in the part that does not contradict FZ-217. The charter needs to be changed if the SNT is going to litigate, as an option - to make an addition that will actually change the entire charter.
INFORMATION: by mail, if there is an e-mail address in the form email; on the website of the partnership; on the SNT information board