Federal Law No. 66-FZ of April 15, 1998
"On horticultural, horticultural and dacha non-profit associations of citizens"
Chapter I. General Provisions
Article 1. Basic concepts
For the purposes of this Federal Law, the following basic concepts are used:
garden land plot - a land plot provided to a citizen or acquired by him for growing fruits, berries, vegetables, melons or other crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures) ;
garden land plot - a land plot provided to a citizen or acquired by him for growing berries, vegetables, melons or other crops and potatoes (with or without the right to erect a non-capital residential building and outbuildings and structures, depending on the permitted use of the land plot, determined under zoning of the territory);
dacha land plot - a land plot provided to a citizen or acquired by him for the purpose of recreation (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and outbuildings and structures, as well as with the right to grow fruit, berry , vegetables, melons or other crops and potatoes);
horticultural, horticultural or dacha non-profit association of citizens (horticultural, horticultural or dacha non-profit partnership, horticultural, horticultural or dacha consumer cooperative, horticultural, horticultural or dacha non-profit partnership) - a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social - economic tasks of horticulture, horticulture and dacha farming (hereinafter referred to as a horticultural, horticultural or dacha non-profit association);
entrance fees - funds contributed by members of a horticultural, horticultural or dacha non-profit association for organizational expenses for paperwork;
membership fees - funds periodically paid by members of a horticultural, horticultural or dacha non-profit association for the maintenance of common property, remuneration of employees who have concluded employment contracts with such an association, and other current expenses of such an association;
target contributions - funds contributed by members of a horticultural, horticultural or dacha non-profit partnership or a horticultural, horticultural or dacha non-profit partnership for the acquisition (creation) of public facilities;
share contributions - property contributions made by members of a horticultural, horticultural or dacha consumer cooperative for the acquisition (creation) of common property;
additional contributions - funds contributed by members of a horticultural, gardening or dacha consumer cooperative to cover losses resulting from the implementation of measures approved by the general meeting of members of a consumer cooperative;
public property - property (including land plots) intended to provide, within the territory of a horticultural, gardening or country non-profit association, the needs of members of such a non-profit association in the passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire protection facilities, etc.).
Article 2. Subject of regulation and scope of this Federal Law
1. This Federal Law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of horticulture, horticulture and dacha farming by citizens, and establishes the legal status of horticultural, horticultural and dacha non-profit associations, including the specifics of their civil law status ( paragraph 4 of Article 49 of the Civil Code of the Russian Federation).
Land relations arising in connection with the creation of horticultural, horticultural or dacha non-profit associations, as well as in connection with the activities of such associations, are regulated by this Federal Law to the extent that they are not regulated by the legislation of the Russian Federation.
2. This Federal Law applies to all horticultural, horticultural and dacha non-profit associations created on the territory of the Russian Federation, as well as to previously established horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives.
Article 3
Legal regulation of horticulture, horticulture and dacha farming by citizens is carried out in accordance with the Constitution of the Russian Federation, civil, land, urban planning, administrative, criminal and other legislation of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation, as well as those adopted in accordance with them laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.
Chapter II. Forms of horticulture, horticulture and dacha farming by citizens
Article 4
1. Citizens in order to exercise their rights to receive garden, garden or country plots of land, possession, use and disposal of these land plots, as well as in order to meet the needs associated with the exercise of such rights, may create gardening, gardening or country non-profit partnerships, horticultural, horticultural or dacha consumer cooperatives or horticultural, horticultural or dacha non-profit partnerships.
2. In a horticultural, horticultural or dacha non-commercial partnership, common use property acquired or created by such a partnership at the expense of earmarked contributions is the joint property of its members. Common property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, horticultural or dacha non-profit partnership is the property of such a partnership as a legal entity. The special fund consists of entrance and membership fees of members of such a partnership, income from its economic activities, as well as funds provided to a horticultural, horticultural or dacha non-profit partnership in accordance with Articles 35, 36 and 38 of this Federal Law, other receipts. The funds of the special fund are spent for purposes corresponding to the tasks provided for by the charter of such a partnership.
Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
3. Members of a horticultural, horticultural or dacha consumer cooperative, through the pooling of share contributions, create common property owned by such a cooperative as a legal entity. Part of the said property may be allocated to an indivisible fund.
Members of a horticultural, horticultural or dacha consumer cooperative are obliged to annually cover the resulting losses by making additional contributions, and also bear subsidiary liability for the obligations of such a cooperative within the unpaid part of the additional contribution of each of the members of such a cooperative.
4. In a horticultural, horticultural or dacha non-commercial partnership, common property acquired or created by such a partnership with contributions from its members shall be the property of the horticultural, horticultural or dacha non-commercial partnership as a legal entity.
Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
Article 5
1. A horticultural, horticultural or dacha non-profit association has a name containing an indication of its organizational and legal form and the nature of its activities and, accordingly, the words "non-profit partnership", "consumer cooperative", "non-profit partnership".
2. The location of a horticultural, horticultural or dacha non-profit association is determined by the place of its state registration.
Article 6
1. A horticultural, horticultural or dacha non-profit association, as a non-profit organization, has the right to carry out entrepreneurial activities that correspond to the goals for which it was created.
2. A horticultural, horticultural or dacha non-profit association is considered established from the moment of its state registration, owns separate property, income and expenditure estimates, a seal with the full name of such an association in Russian or in Russian and the state language of the corresponding republic.
3. A horticultural, horticultural or dacha non-profit association has the right to open bank accounts in the Russian Federation in accordance with the established procedure, to have stamps and letterheads with its name, as well as an emblem registered in accordance with the established procedure.
Article 7
A horticultural, horticultural or dacha non-profit association, in accordance with civil law, has the right to:
carry out the actions necessary to achieve the goals provided for by this Federal Law and the charter of such an association;
be liable for their obligations with their property;
acquire and exercise property and non-property rights on its own behalf;
attract borrowed funds;
conclude contracts;
act as a plaintiff and defendant in court;
apply to the court, arbitration court with applications for invalidation (in whole or in part) of acts of state authorities, acts of local governments or violation by officials of the rights and legitimate interests of a horticultural, horticultural or dacha non-profit association;
create associations (unions) of horticultural, horticultural or dacha non-profit associations;
to exercise other powers that do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
Article 8
1. Citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis.
2. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association shall have the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association.
In the event of non-payment of the fees established by agreements for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in horticulture, horticulture or dacha farming on an individual basis are deprived of the right to use the objects infrastructure and other common property of a horticultural, horticultural or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association are recovered in court.
Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure facilities and other common property of such an association.
The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, may not exceed the amount of payment for use of the said property for the members of such an association.
Article 9
1. Horticultural, horticultural and dacha non-profit associations may create local and inter-district associations (unions).
Decisions on the participation of horticultural, horticultural and dacha non-profit associations in a local or interdistrict association (union) are made by general meetings of members of such associations.
Draft constituent agreements and draft charters of local or inter-district associations (unions) are approved by general meetings of members of horticultural, horticultural and dacha non-profit associations and signed by the chairmen of the boards of such associations.
2. Local and inter-district associations (unions) have the right to create regional (territorial, regional, republican, district) associations (unions).
Decisions on the participation of local and inter-district associations (unions) in regional associations (unions) are made at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (inter-district) associations (unions).
Draft constituent agreements and draft charters of regional associations (unions) are approved at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (interdistrict) associations (unions) and signed by the chairmen of the boards of local and interdistrict associations (unions).
3. Regional associations (unions) may create a federal association (union).
Decisions on the participation of regional associations (unions) in the federal association (union) are made at conferences of delegates of local and interdistrict associations (unions) - members of the respective regional associations (unions).
The draft constituent agreement and the draft charter of the federal association (union) are approved at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions) and signed by the chairmen of the boards of regional associations (unions).
4. Local, inter-district, regional (territorial, regional, republican, district) and federal associations (unions) are created in order to coordinate the activities, represent and protect the interests of horticultural, horticultural and dacha non-profit associations in relations with state authorities, local governments, public and other organizations, as well as for the purpose of providing information, legal and other services in the field of horticulture, horticulture and dacha farming.
5. Local, inter-district, regional and federal associations (unions) are non-profit organizations.
6. A member of an association (union) retains its independence and the right of a legal entity.
7. The name of an association (union) must contain an indication of the main purpose of its members and the word "association" ("union").
8. Financing of the activities of the governing bodies of the association (union) is carried out at the expense of the contributions of their founders.
9. An association (union) of horticultural, horticultural or dacha non-profit associations is not liable for the obligations of its members, and the members of such an association (union) bear subsidiary liability for its obligations in the amount and in the manner established by the constituent documents of such an association (union).
10. An association (union) of horticultural, horticultural or country non-profit associations has the right to participate in the activities of international organizations of gardeners, gardeners and summer residents in the manner prescribed by these organizations.
11. The procedure for the creation, reorganization or liquidation of an association (union) of horticultural, horticultural or dacha non-profit associations, the composition and competence of its management bodies, as well as the activities of such an association (union) are regulated by the Federal Law "On Non-Profit Organizations", the Federal Law "On Public associations", other federal laws, the constituent agreement and the charter of the association (union).
12. A local, interdistrict or regional association (union) of horticultural, horticultural or dacha non-profit associations may be granted by the decision of the founding conference the right to check the economic and financial activities of such associations with the presentation of the results of the audit to the boards of horticultural, horticultural or dacha non-profit associations and general meetings of their members.
Article 10
1. Horticultural, horticultural and dacha non-profit associations and associations (unions) of such associations have the right to open their representative offices on the territory of the Russian Federation. Representative offices may be opened at organizations that produce or sell planting material for crops, fertilizers, means of protecting crops from pests and diseases, building materials, agricultural machinery and equipment, agricultural and other products.
2. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is a separate subdivision located outside the location of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations, representing their interests and protecting them.
3. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is not a legal entity, is endowed with the property of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it and acts on the basis of an approved by such an association or association ( union) provisions. The property of the specified representation is in its operational management and is accounted for on a separate balance sheet and on the balance sheet of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it.
4. A representative office of a horticultural, horticultural or dacha non-profit association or association (union) of such associations operates on behalf of the association or association (union) of such associations that created it. Responsibility for the activities of the representative office shall be borne by the horticultural, horticultural or dacha non-profit association that created it or the association (union) of such associations.
The head of the representative office is appointed by a horticultural, horticultural or dacha non-profit association or an association (union) of such associations and acts on the basis of a power of attorney issued by such an association or association (union).
Article 11. Mutual lending funds and rental funds
1. Gardeners, gardeners and summer residents have the right to create mutual lending funds, rental funds, other funds in the manner prescribed by the Civil Code of the Russian Federation.
2. Mutual lending funds are created for the purpose of providing loans for the construction and repair of residential buildings, residential buildings, utility buildings and structures, the improvement of garden, vegetable garden and summer cottage land plots. Loans are issued only to the founders of a mutual lending fund.
The Mutual Lending Fund operates on the basis of the charter approved by the founders.
The charter of a mutual lending fund, in addition to the information specified in Articles 52, 118 of the Civil Code of the Russian Federation, must contain:
information about the amount of the founder's contribution;
information about the objects of lending;
order of priority for granting a loan;
rules for conducting cash transactions;
a list of officials authorized to conduct cash transactions;
the procedure for monitoring compliance with cash discipline and responsibility for its violation;
the procedure for auditing the mutual lending fund;
information about the banks in which the cash of the mutual lending fund is kept.
3. Rental funds are created by gardeners, gardeners and summer residents in order to provide the founders of horticultural, horticultural and dacha non-profit associations with modern means of production used in the construction and repair of residential buildings, residential buildings, utility buildings and structures, improvement and processing of garden, garden and dacha land plots.
The rental fund operates on the basis of the charter approved by the founders.
The charter of the rental fund, in addition to the information specified in Articles 52 and 118 of the Civil Code of the Russian Federation, must contain:
information on the amount of the founder's target contribution;
a list of means of production purchased for the rental fund;
the procedure for providing gardeners, gardeners and summer residents with means of production for temporary use;
a list of officials responsible for organizing the work of the rental fund.
Chapter III. Provision of land plots for horticulture, horticulture and dacha farming
Article 12. Has become invalid since March 1, 2015 (Federal Law No. 171-FZ dated June 23, 2014).
Article 13
1. Providing citizens with garden, garden and summer cottages is the responsibility of local governments at the place of residence of citizens.
2. Registration and registration of applications of citizens in need of obtaining garden, garden or country plots of land are maintained by local self-government bodies separately. The sequence of granting garden, garden or country plots of land is determined on the basis of registration of the relevant applications.
Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, have a pre-emptive right to receive garden, garden or summer cottage land plots are included in a separate list.
The lists of citizens who have submitted an application for the provision of a garden, garden or country plot of land, and changes in these lists, are approved by the local government and brought to the attention of interested citizens.
3. Has expired. - Federal Law of June 26, 2007 N 118-FZ.
4. The local self-government body, on the basis of an approved list of citizens who have submitted an application for the provision of a garden, vegetable garden or dacha land plot, determines the needs for garden, garden or dacha land plots. The calculation is made on the basis of the established norms for the provision of land plots, taking into account the need for the placement of common property.
5. Repealed (Federal Law No. 118-FZ of June 26, 2007).
Article 14
1. Provision of land plots for horticulture, horticulture and dacha farming is carried out in accordance with the Land Code of the Russian Federation, taking into account the specifics established by this article.
2. The maximum size of a land plot, which is in state or municipal ownership and can be provided for gratuitous use to a horticultural or horticultural non-profit association, cannot exceed the area calculated as the sum of the area of garden or garden land plots and the area of land plots to be attributed to property common use.
In order to determine the maximum size of a land plot that is in state or municipal ownership and can be provided for free use to a horticultural or horticultural non-profit association, the area of garden or horticultural land plots that will be formed to be provided to members of a horticultural or horticultural non-profit association is determined as the product the number of members of the specified association and the established maximum size of such land plots. The area of land plots to be classified as public property is determined in the amount of twenty-five percent of the area of garden or garden land plots, determined in accordance with the rules provided for by this paragraph.
3. Land plots formed in accordance with the project of surveying the territory from a land plot provided to a horticultural, horticultural or dacha non-profit association are provided to members of such an association in accordance with the distribution of land plots formed or being formed into ownership or lease without bidding in the manner established by the Land code of the Russian Federation. Garden, garden or dacha plots of land are provided free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.
4. The distribution of land plots formed or being formed between members of a horticultural, horticultural or dacha non-profit association to which land plots are provided in accordance with paragraph 3 of this article, indicating the conditional numbers of land plots in accordance with the land survey project, is carried out on the basis of a decision of the general meeting of members of the relevant association ( meetings of delegates).
Article 15 - Federal Law of June 23, 2014 N 171-FZ.
Chapter IV. Creation of horticultural, horticultural and dacha non-profit associations. rights and obligations of members of horticultural, horticultural and dacha non-profit associations
Article 16
1. A horticultural, horticultural or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or as a result of the reorganization of a horticultural, horticultural or dacha non-profit association.
2. The number of members of a horticultural, horticultural or dacha non-profit association must be at least three people.
3. The founding document of a horticultural, horticultural or dacha non-profit association is the charter approved by the general meeting of the founders of the non-profit association.
4. The charter of a horticultural, horticultural or dacha non-profit association must specify:
organizational and legal form;
name and location;
the subject and goals of the activity;
the procedure for admission to membership in such an association and withdrawal from it;
the rights and obligations of such an association;
the rights, duties and responsibilities of the members of such an association;
the procedure for making entrance, membership, target, share and additional contributions and the liability of members of such an association for violation of obligations to make these contributions;
procedure for determining the amount of membership fees. This procedure may include, among other things, the establishment of the size 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 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.
Article 17
State registration of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the federal law on state registration of legal entities.
2 - 5. Excluded (Federal Law of March 21, 2002 N 31-FZ).
Article 18
1. Citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of such a partnership (partnership) may be members of a horticultural, horticultural or dacha non-profit partnership (horticultural, horticultural or dacha non-profit partnership).
Citizens of the Russian Federation who have reached the age of sixteen and have land plots within the boundaries of such a cooperative may be members of a horticultural, horticultural or dacha consumer cooperative.
2. Members of a horticultural, horticultural or dacha non-profit association may be, in accordance with civil law, the heirs of members of a horticultural, horticultural or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of gifts or other land transactions.
3. Foreign citizens and stateless persons may become members of horticultural, horticultural or dacha non-profit associations. The rights of foreign citizens and stateless persons to garden, garden, country plots of land are determined in accordance with the legislation of the Russian Federation.
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. Each member of a horticultural, horticultural or dacha non-profit association 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.
Article 19
1. A member of a horticultural, horticultural or dacha non-profit association has the right to:
1) elect and be elected to the management bodies of such an association and its control body;
2) receive information about the activities of the governing bodies of such an association and its control body;
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;
3) manage independently on their land plot in accordance with its permitted use;
4) to carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of a residential building, utility buildings and structures - on a garden plot of land; a residential building or a residential building, utility buildings and structures - on a summer cottage; non-capital residential buildings, utility buildings and structures - on a garden plot;
5) dispose of their land and other property in cases where they are not withdrawn from circulation or restricted in circulation on the basis of the law;
6) in the event of the alienation of a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of common-use property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; a property share in the amount of a share contribution, with the exception of the part that is included in the indivisible fund of a horticultural, horticultural or dacha consumer cooperative; buildings, structures, structures, fruit crops;
7) upon liquidation of a horticultural, horticultural or dacha non-profit association, to receive the due share of common use property;
8) apply to the court to invalidate the decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association or a 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 the use and operation of engineering networks, roads and other common property;
10) carry out other actions not prohibited by law.
2. A member of a horticultural, horticultural or dacha non-profit association must:
1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;
2) bear subsidiary liability for the obligations of a horticultural, horticultural or dacha consumer cooperative within the limits of the unpaid part of the additional contribution of each of the members of such a cooperative;
3) use the land plot in accordance with its intended purpose and permitted use, not damage the land as a natural and economic object;
4) not violate the rights of members of such an association;
5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;
6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;
7) to develop a land plot within three years, unless another period is established by land legislation;
8) comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations);
9) participate in events held by such an association;
10) participate in general meetings of members of such an association;
11) implement the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association;
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;
12) comply with other requirements established by laws and the charter of such an association.
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, horticultural 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.
Chapter V
Article 20
1. The governing bodies of a horticultural, horticultural or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.
The general meeting of members of a horticultural, horticultural or dacha non-profit association is the supreme governing body of such an association.
2. A horticultural, horticultural or dacha non-profit association has the right to hold a general meeting of its members in the form of a meeting of authorized persons.
Representatives of a horticultural, horticultural or dacha non-profit association are elected from among the members of such an association and cannot transfer the exercise of their powers to other persons, including members of a horticultural, horticultural or dacha non-profit association.
The authorized representatives of a horticultural, horticultural or dacha non-profit association are elected in accordance with the charter of such an association, which establishes:
1) the number of members of such an association, from which one representative is elected;
2) the term of office of an authorized such association;
3) the procedure for electing the authorized representatives of such an association (by open voting or by secret ballot using ballots);
4) the possibility of early re-election of the authorized representatives of such an association.
Article 21
1. The exclusive competence of the general meeting of members of a horticultural, horticultural and dacha non-profit association (meeting of authorized persons) includes the following issues:
1) amendments to the charter of such an association and additions to the charter or approval of the charter in a new edition;
2) admission to membership in such an association and exclusion from its members;
3) determination of the quantitative composition of the board of such an association, election of members of its board and early termination of their powers;
4) election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of such an association;
5) election of members of the audit commission (auditor) of such an association and early termination of their powers;
6) election of members of the commission for control over compliance with the legislation and early termination of their powers;
7) making decisions on the organization of representative offices, a mutual lending fund, a rental fund of such an association, on its entry into associations (unions) of horticultural, horticultural or country non-profit associations;
8) approval of the internal regulations of such an association, including the holding of a general meeting of members of such an association (a meeting of authorized persons); the activities of his board; work of the audit commission (auditor); work of the commission on control over observance of the legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; the internal work schedule of such an association;
9) making decisions on reorganization or liquidation of such an association, appointment of a liquidation commission, as well as approval of interim and final liquidation balance sheets;
10) making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as establishing the size of trust funds and relevant contributions;
11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of such an association;
12) approval of the income and expenditure estimates of such an association and the adoption of decisions on its implementation;
13) consideration of complaints against decisions and actions of members of the board, chairman of the board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials of the mutual lending fund and officials of the rental fund;
14) approval of the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund;
15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund and members of such an association;
16) making a decision on the acquisition of a land plot related to common property in the ownership of such an association;
17) approval of lists of members of a horticultural, horticultural or dacha non-profit association;
18) distribution of land plots formed or being formed among members of a horticultural, horticultural or dacha non-profit association to which land plots are provided in accordance with paragraph 3 of Article 14 of this Federal Law, indicating the conditional numbers of land plots in accordance with the land surveying project;
19) approval of a territory planning project and (or) a land surveying project for the territory of a horticultural, horticultural or dacha non-profit 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.
1.1. Decisions on the issue specified in subparagraph 18 of paragraph 1 of this article cannot be taken by a general meeting of members of a horticultural, horticultural or dacha non-profit association held in the form of a meeting of authorized representatives.
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. An extraordinary general meeting of members of such an association (a meeting of authorized persons) on the issue of early termination of the powers of the chairman of the board of the relevant association or early re-election of members of the board of the relevant association may be held in the absence of a decision of the board to hold this meeting, subject to the procedure established by this article for notifying members of the relevant association about holding this meeting.
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 body 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) has not been observed.
In the event that 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, local self-government body may appeal in court.
Members of a horticultural, horticultural or dacha non-profit association may be notified of a general meeting of its members (a meeting of authorized persons) in writing (postcards, letters), through relevant 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 making changes to 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, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are taken by the general meeting members of such an association (by a meeting of authorized persons) by a two-thirds majority.
Other decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are adopted by a simple majority of votes.
Decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner prescribed by the charter of such an association.
A member of a horticultural, horticultural or dacha non-profit association has the right to appeal to the court the decision of the general meeting of its members (meeting of authorized persons) or the decision of the governing body of such an association, which violate the rights and legitimate interests of a member of such an association.
3. If necessary, the decision of the general meeting of members of a horticultural, horticultural or dacha non-profit association may be taken by absentee voting (by poll).
The procedure and conditions for conducting absentee voting are established by the charter of a horticultural, horticultural and dacha non-profit association and the internal regulations on conducting absentee voting, which should provide for the text of the ballot for absentee voting, the procedure for informing members of such an association of the proposed agenda, familiarizing themselves with the necessary information and documents, making proposals on the inclusion of additional issues on the agenda, as well as an indication of a specific deadline for the end of the absentee voting procedure.
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, conducting on such issues, absentee voting (by poll) 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 the indicated issues, did not have the quorum provided for in paragraph seven of clause 2 of this article.
Article 22
1. The board of a horticultural, horticultural or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members of such an association (meeting of authorized persons).
In its activities, the board of a horticultural, gardening or dacha non-profit association is guided by this Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, the regulatory legal acts of local governments and the charter of such an association.
The board of a horticultural, horticultural or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such an association (a meeting of authorized persons), unless otherwise provided by the charter of such an association. The number of members of the board is established by the general meeting of members of such an association (meeting of authorized persons).
The issue of early re-election of members of the board may be raised at the request of at least one third of the members of such an association.
2. Meetings of the board of a horticultural, horticultural or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, and also as necessary.
Board meetings are competent if at least two thirds of its members are present.
Decisions of the board of a horticultural, horticultural or dacha non-profit association are binding on all members of such an association and its employees who have concluded labor contracts with such an association. In case of equality of votes, the vote of the chairman of the board is decisive.
3. The competence of the board of a horticultural, horticultural or dacha non-profit association includes:
1) practical implementation of decisions of the general meeting of members of such an association (meeting of authorized persons);
2) making a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons) or to refuse to hold it;
3) operational management of the current activities of such an association;
4) drawing up income and expenditure estimates and reports of such an association, submitting them for approval by the general meeting of its members (meeting of authorized persons);
5) disposal of tangible and intangible assets of such an association to the extent necessary to ensure its current activities;
6) organizational and technical support for the activities of the general meeting of members of such an association (meeting of authorized persons);
7) organizing accounting and reporting of such an association, preparing an annual report and submitting it for approval by the general meeting of members of such an association (meeting of authorized persons);
8) organizing the protection of the property of such an association and the property of its members;
9) organizing insurance of the property of such an association and the property of its members;
10) organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;
11) purchase and delivery of planting material, garden tools, fertilizers, pesticides;
12) ensuring the office work of such an association and the maintenance of its archive;
13) employment in such an association of persons under employment contracts, their dismissal, encouragement and imposition of penalties on them, keeping records of employees;
14) control over the timely payment of entrance, membership, targeted, share and additional fees;
15) making transactions on behalf of such a combination;
16) rendering assistance to members of such an association in the gratuitous transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;
17) 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 the activities of such an association and ensure its normal operation, with the exception of decisions that relate to issues referred to by this Federal Law and the charter of such an association to the competence of the general meeting of its members (meeting of authorized persons).
20) maintaining a register of association members.
Article 23
1. The board of a horticultural, horticultural or dacha non-profit association is headed by a chairman of the board elected from among the members of the board for a term of two years.
The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.
The chairman of the board, in case of disagreement with the decision of the board, has the right to appeal against this decision to the general meeting of members of such an association (meeting of authorized persons).
2. The chairman of the board of a horticultural, horticultural or dacha non-profit association acts without a power of attorney on behalf of such an association, including:
1) chair the meetings of the board;
2) has the right of first signature under financial documents that, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of members of such an association (meeting of authorized persons);
3) signs other documents on behalf of such an association and minutes of the board meeting;
4) on the basis of a decision of the board, enter into transactions and open bank accounts of such an association;
5) issue powers of attorney, including those with the right of substitution;
6) ensures the development and submission for approval of the general meeting of members of such an association (meeting of authorized persons) of the internal regulations of such an association, the provisions on the remuneration of employees who have concluded labor contracts with such an association;
7) carries out representation on behalf of such an association in state authorities, local governments, as well as in organizations;
8) consider applications of members of such an association.
The chairman of the board of a horticultural, horticultural or dacha non-profit association, in accordance with the charter of such an association, performs other duties necessary to ensure the normal operation of such an association, with the exception of duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.
Article 24
1. The chairman of the board of a horticultural, horticultural or dacha non-profit association and the members of its board, in the exercise of their rights and the performance of established duties, must act in the interests of such an association, exercise their rights and perform the established duties conscientiously and reasonably.
2. The chairman of the board of a horticultural, horticultural or dacha non-profit association and members of its board shall be liable to such an association for losses caused to such an association by their actions (inaction). At the same time, the members of the management board who voted against the decision, which entailed the infliction of losses on such a merger, or who did not take part in the voting, are not liable.
The chairman of the board and its members, in case of revealing financial abuses or violations, causing losses to such an association, may be brought to disciplinary, material, administrative or criminal liability in accordance with the law.
Article 25
1. Control over the financial and economic activities of a horticultural, horticultural or dacha non-profit association, including the activities of its chairman, members of the board and board, is carried out by an audit commission (auditor) elected from among the members of such an association by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).
The procedure for the work of the audit commission (auditor) and its powers are governed by the regulation on the audit commission (auditor) approved by the general meeting of members of such an association (meeting of authorized persons).
The audit commission (auditor) is accountable to the general meeting of members of such an association. Re-elections of the audit commission (auditor) may be held ahead of time at the request of at least one quarter of the total number of members of such an association.
2. Members of the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association shall be liable for improper performance of the duties provided for by this Federal Law and the charter of such an association.
3. The audit commission (auditor) of a horticultural, horticultural or dacha non-profit association is obliged to:
1) verify the implementation by the board of such an association and the chairman of the board of decisions of general meetings of members of such an association (meetings of authorized persons), the legality of civil law transactions made by the management bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;
2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one-fifth of the total number of members of such an association or one third of the total number of members of its board;
3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized persons) with the presentation of recommendations on the elimination of identified violations;
4) report to the general meeting of members of such an association (meeting of authorized persons) on all detected violations in the activities of the governing bodies of such an association;
5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications from members of such an association.
4. Based on the results of the audit, when creating a threat to the interests of a horticultural, horticultural or dacha non-profit association and its members, or if abuses are revealed by members of the board of such an association and the chairman of the board, the audit commission (auditor), within its powers, has the right to convene an extraordinary general meeting of members of such an association.
Article 26
1. In order to prevent and eliminate pollution of surface and groundwater, soil and atmospheric air with solid municipal waste and sewage, to comply with sanitary and other rules for maintaining land plots related to public property, garden, garden and summer cottage land plots and adjacent to them territories, ensuring compliance with fire safety rules during the operation of stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history and culture at a general meeting of members of a horticultural, horticultural or country non-profit association (meeting of authorized persons) a commission of such association for the control of compliance with the law, which operates under the direction of the board of such an association.
2. The commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with legislation provides advisory assistance to members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forestry, water legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, on fire safety, draws up acts on violations of the law and submits such acts for taking measures for consideration by the board of such an association, which has the right to submit them to state bodies exercising state control (supervision) in the relevant areas of activity.
State bodies exercising state control (supervision) in the relevant areas of activity provide advisory and practical assistance to the members of this commission and without fail consider the submitted acts on violations of the law.
3. Repealed (Federal Law of October 14, 2014 N 307-FZ).
4. In a horticultural, horticultural or dacha non-profit association, the number of members of which is less than thirty, the commission for monitoring compliance with the legislation may not be elected, its functions in this case are assigned to one or more members of the board of such an association.
Article 27
1. Minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association (meetings of authorized persons) are signed by the chairman and secretary of such a meeting; these protocols are certified by the seal of such an association and are kept permanently in its files.
2. The minutes of the meetings of the board and the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association, the commission of such an association for monitoring compliance with the law are signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the commission of such an association for monitoring compliance with compliance with the law; these protocols are certified by the seal of such an association and are kept permanently in its files.
3. Members of a horticultural, horticultural or dacha non-profit association and citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association, upon their request, must be provided for review:
1) the charter of the horticultural, horticultural or dacha non-profit association, amendments to the charter, 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.
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.
Chapter VI. Features of granting ownership and turnover of garden, vegetable garden and summer cottage land plots
Chapter VII. Organization and development of the territory of a horticultural, horticultural or dacha non-profit association
Article 32
1. The organization and development of the territory of a horticultural or dacha non-profit association, the division of a land plot provided to the relevant association, are carried out on the basis of a territory planning project and a territory surveying project.
The organization of the territory of a horticultural non-profit association, the division of the land plot provided to the relevant association, are carried out on the basis of a land surveying project.
The preparation and approval of the territory planning project and (or) the territory surveying project are carried out in accordance with the Town Planning Code of the Russian Federation. The draft planning of the territory and (or) the draft survey of the territory of a horticultural, horticultural or dacha non-profit association must be approved by the general meeting of members of the relevant association (meeting of authorized persons) before they are approved.
2. Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, garden or dacha land plots, with the exception of the construction of buildings, structures, structures, before the emergence of ownership of such land plots or their lease after their formation and distribution among the members of the relevant association on the basis of a decision of the general meeting of members of the relevant association (meeting of authorized persons).
Article 33 became invalid on March 1, 2015 (Federal Law No. 171-FZ of June 23, 2014).
Article 34
1. The erection of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the territory planning project and (or) the territory surveying project, as well as the town planning regulations.
2. State land supervision over compliance by citizens with the requirements established by land legislation for the use of land plots intended for horticulture, horticulture or dacha farming is carried out in accordance with land legislation.
3 - 5 have become invalid (Federal Law No. 171-FZ dated June 23, 2014).
Chapter VIII. Support for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations by state authorities, local governments and organizations
Article 35
1. Repealed (Federal Law of August 22, 2004 N 122-FZ).
2. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies shall have the right to:
1) to introduce to the staff of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies specialists on the development of personal subsidiary and summer cottages, horticulture and horticulture;
2) has become invalid (Federal Law of August 22, 2004 N 122-FZ);
3) to carry out educational and propaganda work in order to popularize gardening, horticulture or dacha farming;
4) has become invalid (Federal Law No. 122-FZ of August 22, 2004);
5) provide services through the system of state agrotechnical services for the supply of varietal seeds and planting material of agricultural crops, organic and mineral fertilizers, means of protecting crops from pests and diseases;
6) - 7) have become invalid (Federal Law No. 122-FZ of August 22, 2004);
8) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
9) establish for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations the standards for payment for electricity, water, gas, telephone, determined for rural consumers.
3. Local self-government bodies have the right:
establish local tax incentives for contracting organizations, individual entrepreneurs engaged in the construction of public facilities in horticultural, horticultural and country non-profit associations;
introduce incentives to pay for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to orchard, garden or summer cottage land and back.
4. Executive authorities of the constituent entities of the Russian Federation, local self-government bodies, organizations have the right to:
1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;
2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;
3) provide funds for the engineering support of the territories of horticultural, horticultural and dacha non-profit associations up to fifty percent of the total estimated costs;
4) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
5) to provide funds for land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements;
6) sell equipment and materials to gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures;
7) provide horticultural, horticultural and dacha non-profit associations with production and technical products of state and municipal organizations, waste from construction and other industries.
Local self-government bodies and organizations have the right to take on the balance of roads, power supply systems, gas supply, water supply, communications and other objects of horticultural, gardening and country non-profit associations.
5. State authorities, local self-government bodies and organizations have the right to support the development of horticulture, horticulture and dacha farming in other forms.
Article 36
1. Provision of subventions, reimbursement of expenses incurred by members of horticultural, horticultural and dacha non-profit associations for the engineering support of the territories of such associations, land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, and a rental fund are carried out in the manner established by Article 35 of this Federal Law.
2 - 3. Lost force (Federal Law of 08.22.2004 N 122-FZ).
4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures, provision of gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations with production and technical purposes of state and municipal organizations, waste from construction and other industries are established by the Government of the Russian Federation.
5. Admission to the balance sheet of local governments and organizations of roads, power supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, horticultural or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.
6. Norms of payment for the use of telephone communications, electric energy, gas for gardening, gardening and summer cottages, the introduction of benefits for paying for gardeners, gardeners, summer residents and their families on suburban passenger transport to garden, garden or summer cottage land and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
7. The procedure for providing premises, telephone facilities, office equipment, utilities to associations (unions) of horticultural, horticultural and dacha non-profit associations on preferential terms is established by local governments.
Article 37
1. The participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations is carried out by delegating representatives of such associations or their association (union) to meetings of state authorities or local authorities municipalities that make these decisions.
2. If it is necessary to make a decision regarding the rights and legitimate interests of members of a horticultural, horticultural or dacha non-profit association, the state authority or local self-government body is obliged to notify the chairman of the horticultural, horticultural or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.
3. If the decision of a public authority or a local government affects the interests of one or more members of a horticultural, horticultural or dacha non-profit association (laying engineering networks within the boundaries of the land plots of members of such an association, installation of power transmission line supports, etc.), a written consent of the owners is required (owners, users) of these land plots.
4. Participation of gardeners, gardeners, summer residents and their horticultural, gardening and country non-profit associations, associations (unions) of such associations in the preparation and adoption of decisions regarding the rights of gardeners, gardeners, summer residents and their gardening, gardening and country non-profit associations, associations (unions) ) of such associations may be carried out in other forms.
5. A decision of a state authority or a local self-government body that leads to a violation of the rights and legitimate interests of members of horticultural, horticultural and dacha non-profit associations may be appealed to a court.
Article 38
1. Assistance of state authorities and local governments to horticultural, horticultural or dacha non-profit associations is carried out by making appropriate decisions and concluding contracts on the basis of written requests from horticultural, horticultural or dacha non-profit associations.
2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, dacha residents and their horticultural, horticultural and dacha non-profit associations in the implementation of state registration or re-registration of rights to garden, garden or summer cottage land, buildings and structures located on them, manufacturing boundary plans for garden, vegetable garden and country plots of land in the manner and within the time limits established by law.
Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially unprotected groups of the population, have the right to apply to local governments with applications to reduce the fee for state registration or re-registration of rights to garden, vegetable garden or summer cottage land plots, buildings and structures located on them, the preparation of boundary plans for these sections. Local self-government bodies accept such applications for consideration if this issue is within their competence. Within a month from the date of registration of such an application, the local self-government body is obliged to make a decision and notify the applicant of the decision in writing.
3. Bodies of state power and bodies of local self-government are obliged to assist horticultural, horticultural and dacha non-profit associations in:
1) carrying out work on the construction and repair of roads, power lines, water supply and sanitation systems, gas supply, communications or connection to existing power lines, water supply and sanitation systems; organization of machine and technical stations, rental funds, shops through decision-making on the conclusion of contracts for the performance of relevant work by state and municipal enterprises, on the organization and conduct of competitions for programs and investment projects for the development of infrastructures in the territories of horticultural, horticultural and dacha non-profit associations, on the implementation of joint projects development of infrastructures of the territories of such associations, payment of a share of the costs of maintaining infrastructures if these infrastructures are intended to serve the population of the respective territories or if the engineering infrastructure facilities of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;
2) ensuring the passage of gardeners, gardeners, summer residents and members of their families to garden, garden and summer cottages and back by establishing appropriate work schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport;
3) ensuring fire and sanitary safety, protection of the environment, monuments and objects of nature, history and culture in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation through the creation of commissions to monitor compliance with the requirements of the legislation, which include representatives of horticultural, horticultural or dacha non-profit associations, state authorities and local governments.
Chapter IX. Reorganization and liquidation of a horticultural, horticultural or dacha non-profit association
Article 39
1. The reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, separation, spin-off, change in organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. When reorganizing a horticultural, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.
3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.
4. The deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with constituent documents for state registration of newly established legal entities or for amending the charter of such an association.
5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly created horticultural, horticultural or dacha non-profit associations.
6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its legal successor, newly emerged legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.
7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.
8. In case of state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.
9. State registration of horticultural, horticultural or dacha non-profit associations newly created as a result of reorganization and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations shall be carried out in the manner established by the law on state registration of legal entities.
Article 40
1. The liquidation of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. A demand for the liquidation of a horticultural, horticultural or dacha non-profit association may be filed with a court by a state authority or a local self-government body that has been granted the right to file such a claim by law.
3. Upon liquidation of a horticultural, horticultural or dacha non-profit association as a legal entity, the rights of its former members to land plots and other immovable property shall be preserved.
Article 41
1. A horticultural, horticultural or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or the body that has made a decision to liquidate it shall appoint a liquidation commission and determine, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms for the liquidation of such an association.
3. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the liquidated horticultural, horticultural or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in state authorities, local governments and courts.
4. The body that carries out the state registration of legal entities enters into the unified state register of legal entities information that a horticultural, horticultural or dacha non-profit association is in the process of liquidation.
5. The liquidation commission places in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, horticultural or dacha non-profit association, the procedure and deadline for presenting claims of creditors of such an association. The term for submitting creditors' claims may not be less than two months from the date of publication of a notice on the liquidation of such an association.
6. The liquidation commission takes measures to identify creditors and collect receivables, and also notifies creditors in writing of the liquidation of a horticultural, horticultural or dacha non-profit association.
7. At the end of the term for presenting creditors' claims against a horticultural, horticultural or dacha non-profit association, the liquidation commission draws up an interim liquidation balance sheet, which contains information on the availability of land and other common property of the liquidated association, a list of claims submitted by creditors and the results of their consideration.
The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or by the body that has decided to liquidate it.
8. After a decision is made to liquidate a horticultural, horticultural or dacha non-profit association, its members are obliged to pay off the debt in full on contributions in the amount and within the time limits established by the general meeting of members of such an association (meeting of authorized persons).
9. If the liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized persons) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell a part or all the common property of such a cooperative from public auction in the manner prescribed for the execution of court decisions.
The disposal of a land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
10. If a liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the creditors shall have the right to apply to the court with a claim to satisfy the remaining part of the claims at the expense of the property of the members of such a cooperative.
11. Payment of funds to creditors of a liquidated horticultural, horticultural or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the date of its approval.
12. After completion of settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of the horticultural, horticultural or dacha non-profit association (meeting of authorized persons) or the body that has decided to liquidate such an association.
Article 42
1. A land plot and real estate owned by a horticultural, horticultural or dacha non-profit association and remaining after the satisfaction of creditors' claims may be sold with the consent of the former members of such an association in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the said land plot and real estate transferred to the members of such an association in equal shares.
2. When determining the amount of compensation for a land plot confiscated for state or municipal needs and the real estate of a horticultural, horticultural or dacha non-profit association located on it, it shall include the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property by their withdrawal, including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.
Article 43
1. The liquidation of a horticultural, horticultural or dacha non-profit association is considered completed, such an association is considered to have ceased to exist after an entry about it is made in the unified state register of legal entities, and the body that carries out state registration of legal entities informs about the liquidation of such an association in the press, in which data on state registration of legal entities are published.
2. Documents and accounting reports of a liquidated horticultural, horticultural or dacha non-profit association are transferred for storage to the state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with the indicated materials, and also to issue, at their request, the necessary copies, extracts and references.
Article 44
An entry on the termination of the activities of a horticultural, horticultural or dacha non-profit association is made by the body carrying out state registration of legal entities in the manner prescribed by the federal law on state registration of legal entities.
Article 45
1. State registration of amendments to the constituent documents of horticultural, horticultural and dacha non-profit associations is carried out in accordance with the procedure established by the law on state registration of legal entities.
2. Changes to the constituent documents specified in paragraph 1 of this article shall enter into force from the moment of state registration of such changes.
Chapter X responsibility for violation of the law in the conduct of horticulture, horticulture and dacha farming
Article 46
1. The following rights of members of horticultural, horticultural and dacha non-profit associations are subject to protection in accordance with civil law:
1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifetime inheritable possession of land plots;
2) the rights associated with becoming a member of a horticultural, horticultural or dacha non-profit association, participating in it and leaving it;
3) other rights provided for by this Federal Law and other federal laws.
2. The rights of a horticultural, horticultural or dacha non-profit association to own, use and dispose of land plots for common use, other property of such an association, and other rights provided for by this Federal Law and other federal laws shall be subject to protection.
3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:
1) recognition of their rights;
2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;
3) recognition of a voidable transaction as invalid and application of the consequences of its invalidity, as well as application of the consequences of the invalidity of a void transaction;
4) invalidation of an act of a public authority or an act of a local self-government body;
5) self-defense of their rights;
6) compensation for their losses;
7) other methods provided by law.
Article 47
1. A gardener, gardener or summer resident may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forestry, water, town planning legislation, legislation on the sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, gardening or country non-commercial associations, in the manner prescribed by the legislation on administrative offenses.
2. A gardener, gardener or summer resident may be deprived of the rights of ownership, lifetime inheritable possession, permanent (unlimited) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.
Mandatory advance warning of a gardener, gardener or summer resident about the need to eliminate committed violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.
Article 48
Article 49
Officials of public authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with the conduct of gardening, horticulture or dacha farming by citizens, are subject to disciplinary, material, civil, administrative and criminal liability in the manner established by federal laws.
Article 50
Article 51
Losses caused to a horticultural, horticultural or dacha non-profit association or its members as a result of illegal actions (inaction) of state authorities, local governments or their officials, including the issuance of an act of a state authority or act that does not comply with the law or other regulatory legal act body of local self-government, are subject to compensation in the manner prescribed by civil law.
Chapter XI. Final provisions
Article 52. Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication.
Article 53. Transitional provisions
1. The charters of horticultural, horticultural, and dacha partnerships and horticultural, horticultural, and dacha cooperatives established prior to the entry into force of this Federal Law shall be brought into line with the norms of this Federal Law within five years from the date of its official publication.
2. Horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives shall be exempt from paying the registration fee upon state registration of changes in their legal status in connection with their reorganization and bringing their charters in line with the norms of this Federal Law.
Article 54
From the date of entry into force of this Federal Law on the territory of the Russian Federation, the USSR Law "On Cooperation in the USSR" (Bulletin of the Supreme Soviet of the USSR, 1988, N 22, item 355; Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, N 19, article 350; 1990, N 26, article 489; 1991, N 11, article 294; N 12, article 324, 325) in the part regulating the activities of gardening associations and dacha cooperatives.
Article 55
1. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts in line with this Federal Law within six months from the date of its entry into force.
2. Instruct the Government of the Russian Federation within three months from the date of entry into force of this Federal Law:
prepare and submit, in accordance with the established procedure, proposals for introducing amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
adopt regulatory legal acts that ensure the implementation of the provisions of this Federal Law.
President of the Russian Federation B. Yeltsin
Adopted by the State Duma on March 11, 1998
Approved by the Federation Council on April 1, 1998
Chapter I. General Provisions
Article 1. Basic concepts
For the purposes of this Federal Law, the following basic concepts are used:
Garden land plot - a land plot provided to a citizen or acquired by him for growing fruits, berries, vegetables, melons or other crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures) ;
Garden land plot - a land plot provided to a citizen or acquired by him for growing berries, vegetables, melons or other crops and potatoes (with or without the right to erect a non-capital residential building and outbuildings and structures, depending on the permitted use of the land plot, determined under zoning of the territory);
Dacha land plot - a land plot provided to a citizen or acquired by him for the purpose of recreation (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and outbuildings and structures, as well as with the right to grow fruit, berry , vegetables, melons or other crops and potatoes);
A horticultural, horticultural or dacha non-profit association of citizens (a horticultural, horticultural or dacha non-profit partnership, a horticultural, horticultural or dacha consumer cooperative, a horticultural, horticultural or dacha non-profit partnership) is a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social problems. - economic tasks of horticulture, horticulture and dacha farming (hereinafter referred to as a horticultural, horticultural or dacha non-profit association);
Entrance fees - funds contributed by members of a horticultural, horticultural or dacha non-profit association for organizational expenses for paperwork;
Membership fees - funds periodically contributed by members of a horticultural, horticultural or dacha non-profit association for the remuneration of employees who have concluded employment contracts with such an association, and other current expenses of such an association;
Target contributions - funds contributed by members of a horticultural, horticultural or dacha non-profit partnership or a horticultural, horticultural or dacha non-profit partnership for the acquisition (creation) of public facilities;
Share contributions - property contributions made by members of a horticultural, horticultural or dacha consumer cooperative for the acquisition (creation) of common property;
Additional contributions - funds contributed by members of a horticultural, gardening or dacha consumer cooperative to cover losses resulting from the implementation of measures approved by the general meeting of members of the consumer cooperative;
Common property - property (including land plots) intended to provide, within the territory of a horticultural, gardening or country non-profit association, the needs of members of such a non-profit association in the passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire protection facilities, etc.).
Article 2. Subject of regulation and scope of this Federal Law
1. This Federal Law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of horticulture, horticulture and dacha farming by citizens, and establishes the legal status of horticultural, horticultural and dacha non-profit associations, the procedure for their creation, activities, reorganization and liquidation, the rights and obligations of their members.
Land relations arising in connection with the creation of horticultural, horticultural or dacha non-profit associations, as well as in connection with the activities of such associations, are regulated by this Federal Law to the extent that they are not regulated by the legislation of the Russian Federation.
2. This Federal Law applies to all horticultural, horticultural and dacha non-profit associations created on the territory of the Russian Federation, as well as to previously established horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives.
Article 3
Legal regulation of horticulture, horticulture and dacha farming by citizens is carried out in accordance with the Constitution of the Russian Federation, civil, land, urban planning, administrative, criminal and other legislation of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation, as well as those adopted in accordance with them laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.
Chapter II. Forms of horticulture, horticulture and dacha farming by citizens
Article 4
1. Citizens in order to exercise their rights to receive garden, garden or country plots of land, possession, use and disposal of these land plots, as well as in order to meet the needs associated with the exercise of such rights, may create gardening, gardening or country non-profit partnerships, horticultural, horticultural or dacha consumer cooperatives or horticultural, horticultural or dacha non-profit partnerships.
2. In a horticultural, horticultural or dacha non-commercial partnership, common use property acquired or created by such a partnership at the expense of earmarked contributions is the joint property of its members. Common property acquired or created at the expense of a special fund formed by decision of the general meeting of a horticultural, horticultural or dacha non-profit partnership is the property of such a partnership as a legal entity. The special fund consists of entrance and membership fees of members of such a partnership, income from its economic activities, as well as funds provided to a horticultural, horticultural or dacha non-profit partnership in accordance with Articles 35, 36 and 38 of this Federal Law, other receipts. The funds of the special fund are spent for purposes corresponding to the tasks provided for by the charter of such a partnership.
Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
3. Members of a horticultural, horticultural or dacha consumer cooperative, through the pooling of share contributions, create common property owned by such a cooperative as a legal entity. Part of the said property may be allocated to an indivisible fund.
Members of a horticultural, horticultural or dacha consumer cooperative are obliged to annually cover the resulting losses by making additional contributions, and also bear subsidiary liability for the obligations of such a cooperative within the unpaid part of the additional contribution of each of the members of such a cooperative.
4. In a horticultural, horticultural or dacha non-commercial partnership, common property acquired or created by such a partnership with contributions from its members shall be the property of the horticultural, horticultural or dacha non-commercial partnership as a legal entity.
Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.
Article 5
1. A horticultural, horticultural or dacha non-profit association has a name containing an indication of its organizational and legal form and the nature of its activities and, accordingly, the words "non-profit partnership", "consumer cooperative", "non-profit partnership".
2. The location of a horticultural, horticultural or dacha non-profit association is determined by the place of its state registration.
Article 6
1. A horticultural, horticultural or dacha non-profit association, as a non-profit organization, has the right to carry out entrepreneurial activities that correspond to the goals for which it was created.
2. A horticultural, horticultural or dacha non-profit association is considered established from the moment of its state registration, owns separate property, income and expenditure estimates, a seal with the full name of such an association in Russian or in Russian and the state language of the corresponding republic.
3. A horticultural, horticultural or dacha non-profit association has the right to open bank accounts in the Russian Federation in accordance with the established procedure, to have stamps and letterheads with its name, as well as an emblem registered in accordance with the established procedure.
Article 7
A horticultural, horticultural or dacha non-profit association, in accordance with civil law, has the right to:
Carry out the actions necessary to achieve the goals provided for by this Federal Law and the charter of such an association;
Responsible for their obligations with their property;
Acquire and exercise property and non-property rights on its own behalf;
Attract borrowed funds;
conclude contracts;
Act as a plaintiff and defendant in court;
Apply to the court, arbitration court with applications for invalidation (in whole or in part) of acts of state authorities, acts of local governments or violation by officials of the rights and legitimate interests of a horticultural, horticultural or dacha non-profit association;
Create associations (unions) of horticultural, horticultural or dacha non-profit associations;
Exercise other powers that do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
Article 8
1. Citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis.
2. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association shall have the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association.
In the event of non-payment of the fees established by agreements for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in horticulture, horticulture or dacha farming on an individual basis are deprived of the right to use the objects infrastructure and other common property of a horticultural, horticultural or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association are recovered in court.
Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure facilities and other common property of such an association.
The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, may not exceed the amount of payment for use of the said property for the members of such an association.
Article 9
1. Horticultural, horticultural and dacha non-profit associations may create local and inter-district associations (unions).
Decisions on the participation of horticultural, horticultural and dacha non-profit associations in a local or interdistrict association (union) are made by general meetings of members of such associations.
Draft constituent agreements and draft charters of local or inter-district associations (unions) are approved by general meetings of members of horticultural, horticultural and dacha non-profit associations and signed by the chairmen of the boards of such associations.
2. Local and inter-district associations (unions) have the right to create regional (territorial, regional, republican, district) associations (unions).
Decisions on the participation of local and inter-district associations (unions) in regional associations (unions) are made at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (inter-district) associations (unions).
Draft constituent agreements and draft charters of regional associations (unions) are approved at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (interdistrict) associations (unions) and signed by the chairmen of the boards of local and interdistrict associations (unions).
3. Regional associations (unions) may create a federal association (union).
Decisions on the participation of regional associations (unions) in the federal association (union) are made at conferences of delegates of local and interdistrict associations (unions) - members of the respective regional associations (unions).
The draft constituent agreement and the draft charter of the federal association (union) are approved at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions) and signed by the chairmen of the boards of regional associations (unions).
4. Local, inter-district, regional (territorial, regional, republican, district) and federal associations (unions) are created in order to coordinate the activities, represent and protect the interests of horticultural, horticultural and dacha non-profit associations in relations with state authorities, local governments, public and other organizations, as well as for the purpose of providing information, legal and other services in the field of horticulture, horticulture and dacha farming.
5. Local, inter-district, regional and federal associations (unions) are non-profit organizations.
6. A member of an association (union) retains its independence and the right of a legal entity.
7. The name of an association (union) must contain an indication of the main purpose of its members and the word "association" ("union").
8. Financing of the activities of the governing bodies of the association (union) is carried out at the expense of the contributions of their founders.
9. An association (union) of horticultural, horticultural or dacha non-profit associations is not liable for the obligations of its members, and the members of such an association (union) bear subsidiary liability for its obligations in the amount and in the manner established by the constituent documents of such an association (union).
10. An association (union) of horticultural, horticultural or country non-profit associations has the right to participate in the activities of international organizations of gardeners, gardeners and summer residents in the manner prescribed by these organizations.
11. The procedure for the creation, reorganization or liquidation of an association (union) of horticultural, horticultural or dacha non-profit associations, the composition and competence of its management bodies, as well as the activities of such an association (union) are regulated by the Federal Law "On Non-Profit Organizations", the Federal Law "On Public associations", other federal laws, the constituent agreement and the charter of the association (union).
12. A local, interdistrict or regional association (union) of horticultural, horticultural or dacha non-profit associations may be granted by the decision of the founding conference the right to check the economic and financial activities of such associations with the presentation of the results of the audit to the boards of horticultural, horticultural or dacha non-profit associations and general meetings of their members.
Article 10
1. Horticultural, horticultural and dacha non-profit associations and associations (unions) of such associations have the right to open their representative offices on the territory of the Russian Federation. Representative offices may be opened at organizations that produce or sell planting material for crops, fertilizers, means of protecting crops from pests and diseases, building materials, agricultural machinery and equipment, agricultural and other products.
2. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is a separate subdivision located outside the location of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations, representing their interests and protecting them.
3. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is not a legal entity, is endowed with the property of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it and acts on the basis of an approved by such an association or association ( union) provisions. The property of the specified representation is in its operational management and is accounted for on a separate balance sheet and on the balance sheet of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it.
4. A representative office of a horticultural, horticultural or dacha non-profit association or association (union) of such associations operates on behalf of the association or association (union) of such associations that created it. Responsibility for the activities of the representative office shall be borne by the horticultural, horticultural or dacha non-profit association that created it or the association (union) of such associations.
The head of the representative office is appointed by a horticultural, horticultural or dacha non-profit association or an association (union) of such associations and acts on the basis of a power of attorney issued by such an association or association (union).
Article 11. Mutual lending funds and rental funds
1. Gardeners, gardeners and summer residents have the right to create mutual lending funds, rental funds, other funds in the manner prescribed by the Civil Code of the Russian Federation.
2. Mutual lending funds are created for the purpose of providing loans for the construction and repair of residential buildings, residential buildings, utility buildings and structures, the improvement of garden, vegetable garden and summer cottage land plots. Loans are issued only to the founders of a mutual lending fund.
The Mutual Lending Fund operates on the basis of the charter approved by the founders.
The charter of a mutual lending fund, in addition to the information specified in Articles 52, 118 of the Civil Code of the Russian Federation, must contain:
Information about the amount of the founder's contribution;
Information about the objects of lending;
The order of priority for granting a loan;
Rules for conducting cash transactions;
List of officials authorized to conduct cash transactions;
The procedure for monitoring compliance with cash discipline and responsibility for its violation;
The procedure for auditing the mutual lending fund;
Information about the banks in which the cash of the mutual lending fund is kept.
3. Rental funds are created by gardeners, gardeners and summer residents in order to provide the founders of horticultural, horticultural and dacha non-profit associations with modern means of production used in the construction and repair of residential buildings, residential buildings, utility buildings and structures, improvement and processing of garden, garden and dacha land plots.
The rental fund operates on the basis of the charter approved by the founders.
The charter of the rental fund, in addition to the information specified in Articles 52 and 118 of the Civil Code of the Russian Federation, must contain:
Information about the amount of the founder's target contribution;
List of means of production purchased for the rental fund;
The procedure for providing gardeners, gardeners and summer residents with means of production for temporary use;
List of officials responsible for organizing the work of the rental fund.
Chapter III. Zoning of the territory and provision of garden, garden and summer cottage land plots
Article 12
1. When zoning a territory, zones are determined that are most favorable for the development of horticulture, horticulture and dacha farming based on natural and economic conditions, as well as on the basis of the costs of developing inter-settlement social and engineering and transport infrastructures and in which the establishment of minimum restrictions on the use of land is ensured. plots.
2. The zoning schemes of territories for the placement of horticultural, horticultural and dacha non-profit associations must contain information about the location, area and intended purpose of land plots, the permitted use of land plots, as well as information about the rights on which land plots in a particular zone can be provided to citizens .
This scheme serves as the basis for determining the volume of construction of access roads, power supply facilities, communications, as well as for the development of public transport, trade, medical and consumer services.
3. The customers of the zoning schemes for the placement of horticultural, horticultural and dacha non-profit associations are local governments. The procedure for financing the development of these schemes is determined by local governments.
Article 13
1. Providing citizens with garden, garden and summer cottages is the responsibility of local governments at the place of residence of citizens.
2. Registration and registration of applications of citizens in need of obtaining garden, garden or country plots of land are maintained by local self-government bodies separately. The sequence of granting garden, garden or country plots of land is determined on the basis of registration of the relevant applications.
Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, have a pre-emptive right to receive garden, garden or summer cottage land plots are included in a separate list.
The lists of citizens who have submitted an application for the provision of a garden, garden or country plot of land, and changes in these lists, are approved by the local government and brought to the attention of interested citizens.
3. Has expired.
4. The local self-government body, on the basis of an approved list of citizens who have submitted an application for the provision of a garden, vegetable garden or dacha land plot, determines the needs for garden, garden or dacha land plots. The calculation is made on the basis of the established norms for the provision of land plots, taking into account the need for the placement of common property.
5. Has expired.
Article 14
1. The local government body at the place of residence of the applicants, in accordance with the need for land plots and taking into account the wishes of citizens, petitions the local government body in charge of the land redistribution fund for the selection (preliminary approval) of the relevant land plots.
2. The body in charge of the land redistribution fund, taking into account the zoning schemes of territories for the placement of horticultural, horticultural and country non-profit associations, proposes options for the provision of land plots or gives a conclusion on the impossibility of allocating land plots.
3. On the basis of the chosen option for the placement of land plots and their sizes, the local government, taking into account the wishes of citizens and with their consent, forms the personal composition of members of a horticultural, horticultural or dacha non-profit association.
4. After the state registration of a horticultural, horticultural or dacha non-profit association, a land plot is provided free of charge to such an association in accordance with land legislation. After the approval of the project for the organization and development of the territory of such an association and the adoption of this project in nature, members of the horticultural, horticultural or dacha non-profit association are provided with land plots in their ownership. When transferring for a fee, a land plot is initially provided to the joint ownership of the members of such an association, followed by the provision of land plots to the ownership of each member of a horticultural, horticultural or dacha non-profit association.
Land plots related to common use property are provided to a horticultural, horticultural or dacha non-profit association as a legal entity in ownership.
The general meeting of members of a horticultural non-profit association has the right to decide on assigning to such an association as a legal entity all the land plots granted to it.
5. Horticultural, horticultural and dacha non-profit associations, formed in accordance with departmental affiliation or other principles, are provided with land plots in the manner established by paragraph 4 of this article.
6. Has expired.
Article 15
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.
Chapter IV. Creation of horticultural, horticultural and dacha non-profit associations. Rights and obligations of members of horticultural, horticultural and dacha non-profit associations
Article 16
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;
Rights, duties and responsibilities of members of such an association;
The procedure for making entrance, membership, target, share and additional contributions and the responsibility of members of such an association for violation of obligations to make these contributions;
The procedure for the participation of a member of such an association in work performed collectively on the basis of a decision of the general meeting of members of such an association or a meeting of authorized 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 and procedure for exclusion from membership of such an association and the application of other measures of influence for violation of the charter or internal regulations of such an association;
The procedure for reorganization and the procedure for the liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, horticultural or dacha non-profit associations, the procedure for opening its representative office.
The charter of a horticultural, horticultural or dacha consumer cooperative also indicates the liability of the members of such a cooperative for its debts.
The charter of a horticultural, horticultural or dacha non-profit partnership also indicates the procedure for the formation of a special fund that is the property of such a partnership.
5. The provisions of the charter of a horticultural, horticultural or dacha non-profit association may not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
6. Decisions of the governing bodies of a horticultural, horticultural or dacha non-profit association may not contradict its charter.
Article 17
State registration of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the federal law on state registration of legal entities.
Article 18
1. Citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of such a partnership (partnership) may be members of a horticultural, horticultural or dacha non-profit partnership (horticultural, horticultural or dacha non-profit partnership).
Citizens of the Russian Federation who have reached the age of sixteen and have land plots within the boundaries of such a cooperative may be members of a horticultural, horticultural or dacha consumer cooperative.
2. Members of a horticultural, horticultural or dacha non-profit association may be, in accordance with civil law, the heirs of members of a horticultural, horticultural or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of gifts or other land transactions.
3. Foreign citizens and stateless persons may become members of horticultural, horticultural or dacha non-profit associations. The rights of foreign citizens and stateless persons to garden, garden, country plots of land are determined in accordance with the legislation of the Russian Federation.
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. Each member of a horticultural, horticultural or dacha non-profit association 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.
Article 19
1. A member of a horticultural, horticultural or dacha non-profit association has the right to:
1) elect and be elected to the management bodies of such an association and its control body;
2) receive information about the activities of the governing bodies of such an association and its control body;
3) manage independently on their land plot in accordance with its permitted use;
4) to carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of a residential building, utility buildings and structures - on a garden plot of land; a residential building or a residential building, utility buildings and structures - on a summer cottage; non-capital residential buildings, utility buildings and structures - on a garden plot;
5) dispose of their land and other property in cases where they are not withdrawn from circulation or restricted in circulation on the basis of the law;
6) in the event of the alienation of a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of common-use property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; a property share in the amount of a share contribution, with the exception of the part that is included in the indivisible fund of a horticultural, horticultural or dacha consumer cooperative; buildings, structures, structures, fruit crops;
7) upon liquidation of a horticultural, horticultural or dacha non-profit association, to receive the due share of common use property;
8) apply to the court to invalidate the decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association or a 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 the use and operation of engineering networks, roads and other common property;
10) carry out other actions not prohibited by law.
2. A member of a horticultural, horticultural or dacha non-profit association must:
1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;
2) bear subsidiary liability for the obligations of a horticultural, horticultural or dacha consumer cooperative within the limits of the unpaid part of the additional contribution of each of the members of such a cooperative;
3) use the land plot in accordance with its intended purpose and permitted use, not damage the land as a natural and economic object;
4) not violate the rights of members of such an association;
5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;
6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;
7) to develop a land plot within three years, unless another period is established by land legislation;
8) comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations);
9) participate in events held by such an association;
10) participate in general meetings of members of such an association;
11) implement the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association;
12) comply with other requirements established by laws and the charter of such an association.
Chapter V
Article 20
1. The governing bodies of a horticultural, horticultural or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.
The general meeting of members of a horticultural, horticultural or dacha non-profit association is the supreme governing body of such an association.
2. A horticultural, horticultural or dacha non-profit association has the right to hold a general meeting of its members in the form of a meeting of authorized persons.
Representatives of a horticultural, horticultural or dacha non-profit association are elected from among the members of such an association and cannot transfer the exercise of their powers to other persons, including members of a horticultural, horticultural or dacha non-profit association.
The authorized representatives of a horticultural, horticultural or dacha non-profit association are elected in accordance with the charter of such an association, which establishes:
1) the number of members of such an association, from which one representative is elected;
2) the term of office of an authorized such association;
3) the procedure for electing the authorized representatives of such an association (by open voting or by secret ballot using ballots);
4) the possibility of early re-election of the authorized representatives of such an association.
Article 21
1. The exclusive competence of the general meeting of members of a horticultural, horticultural and dacha non-profit association (meeting of authorized persons) includes the following issues:
1) amendments to the charter of such an association and additions to the charter or approval of the charter in a new edition;
2) admission to membership in such an association and exclusion from its members;
3) determination of the quantitative composition of the board of such an association, election of members of its board and early termination of their powers;
4) election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of such an association;
5) election of members of the audit commission (auditor) of such an association and early termination of their powers;
6) election of members of the commission for control over compliance with the legislation and early termination of their powers;
7) making decisions on the organization of representative offices, a mutual lending fund, a rental fund of such an association, on its entry into associations (unions) of horticultural, horticultural or country non-profit associations;
8) approval of the internal regulations of such an association, including the holding of a general meeting of members of such an association (a meeting of authorized persons); the activities of his board; work of the audit commission (auditor); work of the commission on control over observance of the legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; the internal work schedule of such an association;
9) making decisions on reorganization or liquidation of such an association, appointment of a liquidation commission, as well as approval of interim and final liquidation balance sheets;
10) making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as establishing the size of trust funds and relevant contributions;
11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of such an association;
12) approval of the income and expenditure estimates of such an association and the adoption of decisions on its implementation;
13) consideration of complaints against decisions and actions of members of the board, chairman of the board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials of the mutual lending fund and officials of the rental fund;
14) approval of the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund;
15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund and members of such an association;
16) making a decision on the acquisition of a land plot related to common property in the ownership of such an association.
The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) has the right to consider any issues related to the activities of such an association and make decisions on them.
2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized persons) is held by decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the suggestion of a local self-government body or at least one fifth of the total number of members of such an association.
The board of a horticultural, horticultural or dacha non-profit association is obliged, within seven days from the date of receipt of the proposal of the local government body 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) has not been observed.
In the event that 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, local self-government body may appeal in court.
Members of a horticultural, horticultural or dacha non-profit association may be notified of a general meeting of its members (a meeting of authorized persons) in writing (postcards, letters), through relevant 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 making changes to 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, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are taken by the general meeting members of such an association (by a meeting of authorized persons) by a two-thirds majority.
Other decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are adopted by a simple majority of votes.
Decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner prescribed by the charter of such an association.
A member of a horticultural, horticultural or dacha non-profit association has the right to appeal to the court the decision of the general meeting of its members (meeting of authorized persons) or the decision of the governing body of such an association, which violate the rights and legitimate interests of a member of such an association.
3. If necessary, the decision of the general meeting of members of a horticultural, horticultural or dacha non-profit association may be taken by absentee voting (by poll).
The procedure and conditions for conducting absentee voting are established by the charter of a horticultural, horticultural and dacha non-profit association and the internal regulations on conducting absentee voting, which should provide for the text of the ballot for absentee voting, the procedure for informing members of such an association of the proposed agenda, familiarizing themselves with the necessary information and documents, making proposals on the inclusion of additional issues on the agenda, as well as an indication of a specific deadline for the end of the absentee voting procedure.
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.
Article 22
1. The board of a horticultural, horticultural or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members of such an association (meeting of authorized persons).
In its activities, the board of a horticultural, gardening or dacha non-profit association is guided by this Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, the regulatory legal acts of local governments and the charter of such an association.
The board of a horticultural, horticultural or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such an association (a meeting of authorized persons), unless otherwise provided by the charter of such an association. The number of members of the board is established by the general meeting of members of such an association (meeting of authorized persons).
The issue of early re-election of members of the board may be raised at the request of at least one third of the members of such an association.
2. Meetings of the board of a horticultural, horticultural or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, and also as necessary.
Board meetings are competent if at least two thirds of its members are present.
Decisions of the board of a horticultural, horticultural or dacha non-profit association are binding on all members of such an association and its employees who have concluded labor contracts with such an association.
3. The competence of the board of a horticultural, horticultural or dacha non-profit association includes:
1) practical implementation of decisions of the general meeting of members of such an association (meeting of authorized persons);
2) making a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons) or to refuse to hold it;
3) operational management of the current activities of such an association;
4) drawing up income and expenditure estimates and reports of such an association, submitting them for approval by the general meeting of its members (meeting of authorized persons);
5) disposal of tangible and intangible assets of such an association to the extent necessary to ensure its current activities;
6) organizational and technical support for the activities of the general meeting of members of such an association (meeting of authorized persons);
7) organizing accounting and reporting of such an association, preparing an annual report and submitting it for approval by the general meeting of members of such an association (meeting of authorized persons);
8) organizing the protection of the property of such an association and the property of its members;
9) organizing insurance of the property of such an association and the property of its members;
10) organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;
11) purchase and delivery of planting material, garden tools, fertilizers, pesticides;
12) ensuring the office work of such an association and the maintenance of its archive;
13) employment in such an association of persons under employment contracts, their dismissal, encouragement and imposition of penalties on them, keeping records of employees;
14) control over the timely payment of entrance, membership, targeted, share and additional fees;
15) making transactions on behalf of such a combination;
16) rendering assistance to members of such an association in the gratuitous transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;
17) 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 the activities of such an association and ensure its normal operation, with the exception of decisions that relate to issues referred to by this Federal Law and the charter of such an association to the competence of the general meeting of its members (meeting of authorized persons).
Article 23
1. The board of a horticultural, horticultural or dacha non-profit association is headed by a chairman of the board elected from among the members of the board for a term of two years.
The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.
The chairman of the board, in case of disagreement with the decision of the board, has the right to appeal against this decision to the general meeting of members of such an association (meeting of authorized persons).
2. The chairman of the board of a horticultural, horticultural or dacha non-profit association acts without a power of attorney on behalf of such an association, including:
1) chair the meetings of the board;
2) has the right of first signature under financial documents that, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of members of such an association (meeting of authorized persons);
3) signs other documents on behalf of such an association and minutes of the board meeting;
4) on the basis of a decision of the board, enter into transactions and open bank accounts of such an association;
5) issue powers of attorney, including those with the right of substitution;
6) ensures the development and submission for approval of the general meeting of members of such an association (meeting of authorized persons) of the internal regulations of such an association, the provisions on the remuneration of employees who have concluded labor contracts with such an association;
7) carries out representation on behalf of such an association in state authorities, local governments, as well as in organizations;
8) consider applications of members of such an association.
The chairman of the board of a horticultural, horticultural or dacha non-profit association, in accordance with the charter of such an association, performs other duties necessary to ensure the normal operation of such an association, with the exception of duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.
Article 24
1. The chairman of the board of a horticultural, horticultural or dacha non-profit association and the members of its board, in the exercise of their rights and the performance of established duties, must act in the interests of such an association, exercise their rights and perform the established duties conscientiously and reasonably.
2. The chairman of the board of a horticultural, horticultural or dacha non-profit association and members of its board shall be liable to such an association for losses caused to such an association by their actions (inaction). At the same time, the members of the management board who voted against the decision, which entailed the infliction of losses on such a merger, or who did not take part in the voting, are not liable.
The chairman of the board and its members, in case of revealing financial abuses or violations, causing losses to such an association, may be brought to disciplinary, material, administrative or criminal liability in accordance with the law.
Article 25
1. Control over the financial and economic activities of a horticultural, horticultural or dacha non-profit association, including the activities of its chairman, members of the board and board, is carried out by an audit commission (auditor) elected from among the members of such an association by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).
The procedure for the work of the audit commission (auditor) and its powers are governed by the regulation on the audit commission (auditor) approved by the general meeting of members of such an association (meeting of authorized persons).
The audit commission (auditor) is accountable to the general meeting of members of such an association. Re-elections of the audit commission (auditor) may be held ahead of time at the request of at least one quarter of the total number of members of such an association.
2. Members of the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association shall be liable for improper performance of the duties provided for by this Federal Law and the charter of such an association.
3. The audit commission (auditor) of a horticultural, horticultural or dacha non-profit association is obliged to:
1) verify the implementation by the board of such an association and the chairman of the board of decisions of general meetings of members of such an association (meetings of authorized persons), the legality of civil law transactions made by the management bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;
2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one-fifth of the total number of members of such an association or one third of the total number of members of its board;
3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized persons) with the presentation of recommendations on the elimination of identified violations;
4) report to the general meeting of members of such an association (meeting of authorized persons) on all detected violations in the activities of the governing bodies of such an association;
5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications from members of such an association.
4. Based on the results of the audit, when creating a threat to the interests of a horticultural, horticultural or dacha non-profit association and its members, or if abuses are revealed by members of the board of such an association and the chairman of the board, the audit commission (auditor), within its powers, has the right to convene an extraordinary general meeting of members of such an association.
Article 26
1. In order to prevent and eliminate pollution of surface and ground waters, soil and atmospheric air by household waste and sewage, to comply with sanitary and other rules for the maintenance of land plots related to public property, garden, garden and summer cottage land plots and adjacent territories , ensuring the implementation of fire safety rules during the operation of stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history and culture at a general meeting of members of a horticultural, horticultural or country non-profit association (a meeting of authorized persons) a commission of such an association may be elected for the control of observance of the legislation, which works under the direction of the board of such an association.
2. The commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with legislation provides advisory assistance to members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forestry, water legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, on fire safety, draws up acts on violations of the law and submits such acts for taking action to the board of such an association, which has the right to submit them to state bodies exercising control over compliance with the law.
State bodies exercising control over compliance with the law provide advisory and practical assistance to the members of this commission and without fail consider the submitted acts on violations of the law.
3. Members of the commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with the law may, in accordance with the established procedure, be appointed public inspectors of state bodies exercising control over compliance with the law and endowed with appropriate powers.
4. In a horticultural, horticultural or dacha non-profit association, the number of members of which is less than thirty, the commission for monitoring compliance with the legislation may not be elected, its functions in this case are assigned to one or more members of the board of such an association.
Article 27
1. Minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association (meetings of authorized persons) are signed by the chairman and secretary of such a meeting; these protocols are certified by the seal of such an association and are kept permanently in its files.
2. The minutes of the meetings of the board and the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association, the commission of such an association for monitoring compliance with the law are signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the commission of such an association for monitoring compliance with compliance with the law; these protocols are certified by the seal of such an association and are kept permanently in its files.
3. Copies of the minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association, meetings of the board, the audit commission (auditor) of such an association, the commission of such an association for monitoring compliance with the law, certified extracts from these protocols are submitted for familiarization to the members of such an association at their request, as well as to the local self-government body on the territory of which such an association is located, to state authorities of the corresponding subject of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.
Chapter VI. Features of granting ownership and turnover of garden, vegetable garden and summer cottage land plots
Article 28
1. Provision of ownership of land plots to gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations that have received such land plots from lands that are state or municipal property is carried out without bidding for a fee or free of charge in cases established by federal laws , laws of subjects of the Russian Federation.
2. Land plots related to common use property are subject to transfer to the ownership of a horticultural, horticultural or dacha non-profit association free of charge.
3. Citizens who own garden, garden or dacha land plots on the basis of the right of lifetime inheritable possession or permanent (perpetual) use are entitled to register ownership of such land plots in accordance with Article 25.2 of Federal Law No. 122-FZ of July 21, 1997 "On state registration of rights to real estate and transactions with it. Decision-making on granting such land plots to the said citizens in the ownership of such land plots in this case is not required.
4. In the event that a land plot constituting the territory of a horticultural, horticultural or dacha non-profit association is provided to this non-profit association or other organization under which this non-profit association was created (organized) before the entry into force of this Federal Law, a citizen who is a member of this of a non-profit association, has the right to acquire ownership of a land plot free of charge provided to it in accordance with the project of organization and development of the territory of this non-profit association or other document establishing the distribution of land plots in this non-profit association. The provision in the specified case of such a land plot in the ownership of this citizen is carried out by the executive body of state power or local self-government body that has the right to provide such a land plot, on the basis of an application from this citizen or his representative. The following documents are attached to this application:
Description of the location of such land, prepared by this citizen;
The conclusion of the board of this non-profit association, which indicates the citizen to whom such a land plot is assigned, and confirms that the specified description of the location of such a land plot corresponds to the location of the land plot actually used by the citizen.
In the event that none of the members of this non-profit association has previously filed an application for granting a land plot into ownership, the specified body independently requests:
Information on title documents for a land plot constituting the territory of this non-profit association, in the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It ( in other cases, the specified information is requested from the applicant);
Information about this non-profit association contained in the unified state register of legal entities, in the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) enterprises.
5. Provision of ownership of a land plot related to public property is carried out by the executive body of state power or local self-government body that has the right to provide such a land plot, on the basis of an application submitted by a person who has the right to act without a power of attorney on behalf of a horticultural, horticultural or dacha non-profit association or authorized by the general meeting of members of this non-profit association (meeting of authorized persons) to submit the said application, in accordance with the decision of the general meeting of members of this non-profit association (meeting of authorized persons) to acquire such a land plot in the ownership of this non-profit association. The following documents are attached to this application:
Description of the location of such a land plot, prepared by a horticultural, horticultural or dacha non-profit association;
Extract from the decision of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) on the acquisition of a land plot related to public property into the ownership of this non-profit association;
Constituent documents of a horticultural, horticultural or dacha non-profit association (originals or notarized copies), confirming the right of the applicant to act on behalf of this non-profit association without a power of attorney, or an extract from the decision of the general meeting of members of this non-profit association (meeting of authorized persons), in accordance with which the applicant was authorized to make the said application.
Information on title documents for a land plot constituting the territory of a given non-profit association is requested by the executive authority and local government authority that has the authority to provide the specified land plot to the federal executive authority authorized to state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from the applicant).
6. The executive body of state power or the local self-government body, which has the right to provide the relevant land plot, within two weeks from the date of receipt of the application and the necessary documents in accordance with paragraph 4 or 5 of this article, is obliged to make a decision on granting the ownership of such a land plot or on refusal in its provision.
The basis for refusal to grant ownership of a land plot is the prohibition established by federal law on granting a land plot to private ownership.
Article 29
Article 30
Article 31
The turnover of garden, garden and country plots of land is regulated by civil legislation, unless otherwise provided by land legislation.
Chapter VII. Organization and development of the territory of a horticultural, horticultural or dacha non-profit association
Article 32
1. The development of projects for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is carried out in accordance with the rules for land use and development established by land and urban planning legislation, the system of state urban planning standards and rules.
2. A horticultural, horticultural or dacha non-profit association, as a legal entity, has the right to start arranging the land plot allocated to it (construction of access roads, fences, land reclamation and other works) after the issuance of documents certifying the right of such an association to the land plot.
Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, garden or dacha land plots after the organization and development of the territory of such an association has been carried out and the general meeting of its members (meeting of authorized persons) approves the distribution of garden, garden or dacha land plots among members such an association.
A gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens on the right of ownership, has the right to start using the allocated land plot without drawing up a project for the organization and development of the territory of such an association.
3. A project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association shall be drawn up on the basis of a petition from its board. Attached to this request are:
Topographic survey materials, and, if necessary, engineering geological survey materials;
Architectural and planning task;
Technical conditions for engineering support of the territory of such an association.
The project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is agreed with such an association that ordered this project, and is approved within two weeks by the local government on whose territory the land plot has been allocated.
The documents required for the coordination and approval of project documentation are:
A project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with an explanatory note;
Estimated financial calculations;
Graphic materials on a scale of 1:1000 or 1:2000, containing a master plan for the development of the territory of a horticultural, horticultural or dacha non-profit association, a drawing of transferring the specified project to the area, a diagram of engineering networks.
Copies of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government.
Information on documents certifying the right of such an association to land is requested from the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from a horticultural, horticultural or dacha non-profit association).
Article 33
1. The standards for organizing and developing the territory of a horticultural, horticultural or dacha non-profit association are established by local governments in the manner prescribed by urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics. The basis for this is the basic standards for the organization and development of the territory of such associations, established by the federal executive authorities and necessary to comply with environmental, land legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, and on fire safety.
2. The main standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association in accordance with urban planning legislation are:
Number and size of access and internal roads;
Minimum distances between buildings, structures, structures and boundaries of land plots;
Type of water supply sources;
Technical characteristics of the engineering support of the territory of such an association;
List of necessary fire-fighting structures;
List of measures for environmental protection.
Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association may additionally be applied.
Article 34
1. The construction of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the project for the organization and development of its territory.
2. Control over compliance with the requirements for the construction of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out by the board of such an association, as well as the inspector of state bodies exercising control over compliance with the law, in the order of architectural supervision, the organization that developed the project for the organization and development of the territory of such an association , local governments.
3. The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the horticultural, horticultural or dacha non-profit association and its members independently in accordance with the project for the organization and development of the territory of such an association.
4. The erection by citizens on garden, garden or country plots of buildings and structures exceeding the dimensions established by the project for the organization and development of the territory of a horticultural, gardening or country non-profit association for these buildings and structures is allowed after the approval of the local government of the projects for the construction of these buildings and structures in the manner prescribed by urban planning legislation.
5. Violation of the requirements of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is the basis for bringing such an association, as well as its members who committed the violation, to liability in accordance with this Federal Law and other federal laws.
Chapter VIII. Support for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations by state authorities, local governments and organizations
Article 35
2. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies shall have the right to:
1) to introduce to the staff of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies specialists on the development of personal subsidiary and summer cottages, horticulture and horticulture;
3) to carry out educational and propaganda work in order to popularize gardening, horticulture or dacha farming;
5) provide services through the system of state agrotechnical services for the supply of varietal seeds and planting material of agricultural crops, organic and mineral fertilizers, means of protecting crops from pests and diseases;
8) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
9) establish for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations the standards for payment for electricity, water, gas, telephone, determined for rural consumers.
3. Local self-government bodies have the right:
Establish local tax incentives for contractors, individual entrepreneurs engaged in the construction of public facilities in horticultural, horticultural and country non-profit associations;
Introduce incentives for paying fares for gardeners, gardeners, summer residents and members of their families on suburban passenger transport to orchard, orchard or dacha land plots and back.
4. Executive authorities of the constituent entities of the Russian Federation, local self-government bodies, organizations have the right to:
1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;
2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;
3) provide funds for the engineering support of the territories of horticultural, horticultural and dacha non-profit associations up to fifty percent of the total estimated costs;
4) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
5) to provide funds for land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements;
6) sell equipment and materials to gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures;
7) provide horticultural, horticultural and dacha non-profit associations with production and technical products of state and municipal organizations, waste from construction and other industries.
Local self-government bodies and organizations have the right to take on the balance of roads, power supply systems, gas supply, water supply, communications and other objects of horticultural, gardening and country non-profit associations.
5. State authorities, local self-government bodies and organizations have the right to support the development of horticulture, horticulture and dacha farming in other forms.
Article 36
1. Provision of subventions, reimbursement of expenses incurred by members of horticultural, horticultural and dacha non-profit associations for the engineering support of the territories of such associations, land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, and a rental fund are carried out in the manner established by Article 35 of this Federal Law.
4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures, provision of gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations with production and technical purposes of state and municipal organizations, waste from construction and other industries are established by the Government of the Russian Federation.
5. Admission to the balance sheet of local governments and organizations of roads, power supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, horticultural or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.
6. Norms of payment for the use of telephone communications, electric energy, gas for gardening, gardening and summer cottages, the introduction of benefits for paying for gardeners, gardeners, summer residents and their families on suburban passenger transport to garden, garden or summer cottage land and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
7. The procedure for providing premises, telephone facilities, office equipment, utilities to associations (unions) of horticultural, horticultural and dacha non-profit associations on preferential terms is established by local governments.
Article 37
1. The participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations is carried out by delegating representatives of such associations or their association (union) to meetings of state authorities or local authorities municipalities that make these decisions.
2. If it is necessary to make a decision regarding the rights and legitimate interests of members of a horticultural, horticultural or dacha non-profit association, the state authority or local self-government body is obliged to notify the chairman of the horticultural, horticultural or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.
3. If the decision of a public authority or a local government affects the interests of one or more members of a horticultural, horticultural or dacha non-profit association (laying engineering networks within the boundaries of the land plots of members of such an association, installation of power transmission line supports, etc.), a written consent of the owners is required (owners, users) of these land plots.
4. Participation of gardeners, gardeners, summer residents and their horticultural, gardening and country non-profit associations, associations (unions) of such associations in the preparation and adoption of decisions regarding the rights of gardeners, gardeners, summer residents and their gardening, gardening and country non-profit associations, associations (unions) ) of such associations may be carried out in other forms.
5. A decision of a state authority or a local self-government body that leads to a violation of the rights and legitimate interests of members of horticultural, horticultural and dacha non-profit associations may be appealed to a court.
Article 38
1. Assistance of state authorities and local governments to horticultural, horticultural or dacha non-profit associations is carried out by making appropriate decisions and concluding contracts on the basis of written requests from horticultural, horticultural or dacha non-profit associations.
2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, dacha residents and their horticultural, horticultural and dacha non-profit associations in the implementation of state registration or re-registration of rights to garden, garden or summer cottage land, buildings and structures located on them, manufacturing boundary plans for garden, vegetable garden and country plots of land in the manner and within the time limits established by law.
Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially unprotected groups of the population, have the right to apply to local governments with applications to reduce the fee for state registration or re-registration of rights to garden, vegetable garden or summer cottage land plots, buildings and structures located on them, the preparation of boundary plans for these sections. Local self-government bodies accept such applications for consideration if this issue is within their competence. Within a month from the date of registration of such an application, the local self-government body is obliged to make a decision and notify the applicant of the decision in writing.
3. Bodies of state power and bodies of local self-government are obliged to assist horticultural, horticultural and dacha non-profit associations in:
1) carrying out work on the construction and repair of roads, power lines, water supply and sewerage systems, gas supply, communications or connection to existing power lines, water supply and sewerage systems; organization of machine and technical stations, rental funds, shops through decision-making on the conclusion of contracts for the performance of relevant work by state and municipal enterprises, on the organization and conduct of competitions for programs and investment projects for the development of infrastructures in the territories of horticultural, horticultural and dacha non-profit associations, on the implementation of joint projects development of infrastructures of the territories of such associations, payment of a share of the costs of maintaining infrastructures if these infrastructures are intended to serve the population of the respective territories or if the engineering infrastructure facilities of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;
2) ensuring the passage of gardeners, gardeners, summer residents and members of their families to garden, garden and summer cottages and back by establishing appropriate work schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport;
3) ensuring fire and sanitary safety, protection of the environment, monuments and objects of nature, history and culture in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation through the creation of commissions to monitor compliance with the requirements of the legislation, which include representatives of horticultural, horticultural or dacha non-profit associations, state authorities and local governments.
Chapter IX. Reorganization and liquidation of a horticultural, horticultural or dacha non-profit association
Article 39
1. The reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, separation, spin-off, change in organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. When reorganizing a horticultural, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.
3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.
4. The deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with constituent documents for state registration of newly established legal entities or for amending the charter of such an association.
5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly created horticultural, horticultural or dacha non-profit associations.
6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its legal successor, newly emerged legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.
7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.
8. In case of state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.
9. State registration of horticultural, horticultural or dacha non-profit associations newly created as a result of reorganization and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations shall be carried out in the manner established by the law on state registration of legal entities.
Article 40
1. The liquidation of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. A demand for the liquidation of a horticultural, horticultural or dacha non-profit association may be filed with a court by a state authority or a local self-government body that has been granted the right to file such a claim by law.
3. Upon liquidation of a horticultural, horticultural or dacha non-profit association as a legal entity, the rights of its former members to land plots and other immovable property shall be preserved.
Article 41
1. A horticultural, horticultural or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or the body that has made a decision to liquidate it shall appoint a liquidation commission and determine, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms for the liquidation of such an association.
3. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the liquidated horticultural, horticultural or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in state authorities, local governments and courts.
4. The body that carries out the state registration of legal entities enters into the unified state register of legal entities information that a horticultural, horticultural or dacha non-profit association is in the process of liquidation.
5. The liquidation commission places in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, horticultural or dacha non-profit association, the procedure and deadline for presenting claims of creditors of such an association. The term for submitting creditors' claims may not be less than two months from the date of publication of a notice on the liquidation of such an association.
6. The liquidation commission takes measures to identify creditors and collect receivables, and also notifies creditors in writing of the liquidation of a horticultural, horticultural or dacha non-profit association.
7. At the end of the term for presenting creditors' claims against a horticultural, horticultural or dacha non-profit association, the liquidation commission draws up an interim liquidation balance sheet, which contains information on the availability of land and other common property of the liquidated association, a list of claims submitted by creditors and the results of their consideration.
The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or by the body that has decided to liquidate it.
8. After a decision is made to liquidate a horticultural, horticultural or dacha non-profit association, its members are obliged to pay off the debt in full on contributions in the amount and within the time limits established by the general meeting of members of such an association (meeting of authorized persons).
9. If the liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized persons) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell a part or all the common property of such a cooperative from public auction in the manner prescribed for the execution of court decisions.
The disposal of a land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
10. If a liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the creditors shall have the right to apply to the court with a claim to satisfy the remaining part of the claims at the expense of the property of the members of such a cooperative.
11. Payment of funds to creditors of a liquidated horticultural, horticultural or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the date of its approval.
12. After completion of settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of the horticultural, horticultural or dacha non-profit association (meeting of authorized persons) or the body that has decided to liquidate such an association.
Article 42
1. A land plot and real estate owned by a horticultural, horticultural or dacha non-profit association and remaining after the satisfaction of creditors' claims may be sold with the consent of the former members of such an association in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the said land plot and real estate transferred to the members of such an association in equal shares.
2. When determining the redemption price of a land plot and real estate located on it of a horticultural, horticultural or dacha non-profit association, it shall include the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property by their withdrawal, including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.
Article 43
1. The liquidation of a horticultural, horticultural or dacha non-profit association is considered completed, such an association is considered to have ceased to exist after an entry about it is made in the unified state register of legal entities, and the body that carries out state registration of legal entities informs about the liquidation of such an association in the press, in which data on state registration of legal entities are published.
2. Documents and accounting reports of a liquidated horticultural, horticultural or dacha non-profit association are transferred for storage to the state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with the indicated materials, and also to issue, at their request, the necessary copies, extracts and references.
Article 44
An entry on the termination of the activities of a horticultural, horticultural or dacha non-profit association is made by the body carrying out state registration of legal entities in the manner prescribed by the federal law on state registration of legal entities.
Article 45
1. State registration of amendments to the constituent documents of horticultural, horticultural and dacha non-profit associations is carried out in accordance with the procedure established by the law on state registration of legal entities.
2. Changes to the constituent documents specified in paragraph 1 of this article shall enter into force from the moment of state registration of such changes.
Chapter X Responsibility for violation of the law in the conduct of horticulture, horticulture and dacha farming
Article 46
1. The following rights of members of horticultural, horticultural and dacha non-profit associations are subject to protection in accordance with civil law:
1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifetime inheritable possession of land plots;
2) the rights associated with becoming a member of a horticultural, horticultural or dacha non-profit association, participating in it and leaving it;
3) other rights provided for by this Federal Law and other federal laws.
2. The rights of a horticultural, horticultural or dacha non-profit association to own, use and dispose of land plots for common use, other property of such an association, and other rights provided for by this Federal Law and other federal laws shall be subject to protection.
3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:
1) recognition of their rights;
2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;
3) recognition of a voidable transaction as invalid and application of the consequences of its invalidity, as well as application of the consequences of the invalidity of a void transaction;
4) invalidation of an act of a public authority or an act of a local self-government body;
5) self-defense of their rights;
6) compensation for their losses;
7) other methods provided by law.
Article 47
1. A gardener, gardener or summer resident may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forestry, water, town planning legislation, legislation on the sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, gardening or country non-commercial associations, in the manner prescribed by the legislation on administrative offenses.
2. A gardener, gardener or summer resident may be deprived of the rights of ownership, lifetime inheritable possession, permanent (unlimited) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.
Mandatory advance warning of a gardener, gardener or summer resident about the need to eliminate committed violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.
Article 48
1. Officials of state authorities, local self-government bodies, state and municipal institutions may be subject to administrative penalties in the form of a warning or a fine for the following violations of land legislation:
1) consideration of applications (petitions) of citizens for the provision of garden, vegetable garden or summer cottage land plots in violation of the deadlines established by law; concealment of information about the availability of free land in areas where horticultural, horticultural or dacha non-profit associations are located;
2) violation of the requirements of the approved town-planning documentation during the allotment of garden, vegetable garden or summer cottage land plots;
3) unlawful actions that entailed the unauthorized occupation of land within the boundaries of horticultural, horticultural or dacha non-profit associations or in the areas where horticultural, horticultural or dacha non-profit associations are located.
2. The imposition of a penalty in the form of a warning or a fine for the violations specified in paragraph 1 of this article, or for other violations of the legislation of the Russian Federation, is carried out in the manner established by the Code of the Russian Federation on Administrative Offenses.
Article 49
Officials of public authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with the conduct of gardening, horticulture or dacha farming by citizens, are subject, in cases that do not entail administrative or criminal liability, to disciplinary action in the form of comments, reprimand, severe reprimand, dismissal in the manner prescribed by the Code of Labor Laws of the Russian Federation.
Article 50
Article 51
Losses caused to a horticultural, horticultural or dacha non-profit association or its members as a result of illegal actions (inaction) of state authorities, local governments or their officials, including the issuance of an act of a state authority or act that does not comply with the law or other regulatory legal act body of local self-government, are subject to compensation in the manner prescribed by civil law.
Chapter XI. Final provisions
Article 52. Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication.
Article 53. Transitional provisions
1. The charters of horticultural, horticultural, and dacha partnerships and horticultural, horticultural, and dacha cooperatives established prior to the entry into force of this Federal Law shall be brought into line with the norms of this Federal Law within five years from the date of its official publication.
2. Horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives shall be exempt from paying the registration fee upon state registration of changes in their legal status in connection with their reorganization and bringing their charters in line with the norms of this Federal Law.
Article 54
From the date of entry into force of this Federal Law on the territory of the Russian Federation, the USSR Law "On Cooperation in the USSR" (Bulletin of the Supreme Soviet of the USSR, 1988, N 22, item 355; Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, N 19, article 350; 1990, N 26, article 489; 1991, N 11, article 294; N 12, article 324, 325) in the part regulating the activities of gardening associations and dacha cooperatives.
Article 55
B. Yeltsin
Moscow Kremlin
N 66-FZ Article 55. Bringing regulatory legal acts in line with this Federal Law
1. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts in line with this Federal Law within six months from the date of its entry into force.
2. Instruct the Government of the Russian Federation within three months from the date of entry into force of this Federal Law:
Prepare and submit, in accordance with the established procedure, proposals for introducing amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
Adopt regulatory legal acts that ensure the implementation of the provisions of this Federal Law.
President of Russian Federation
B. Yeltsin
Moscow Kremlin
Chapter 1. General Provisions
Article 1. Subject of regulation of this Federal Law
1. This Federal Law regulates relations arising in connection with the conduct by citizens of horticulture and horticulture for their own needs.
2. This Federal Law defines the specifics of the civil law status of non-profit organizations created by citizens for horticulture and horticulture in accordance with the Civil Code of the Russian Federation.
Article 2
Legal regulation of relations related to the maintenance by citizens of gardening and horticulture for their own needs is carried out in accordance with this Federal Law and other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.
Article 3. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) garden land plot - a land plot intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place garden houses, residential buildings, outbuildings and garages;
2) garden house - a building of seasonal use, designed to meet citizens' domestic and other needs related to their temporary stay in such a building;
3) outbuildings - sheds, bathhouses, greenhouses, sheds, cellars, wells and other structures and structures (including temporary ones) intended to meet citizens' domestic and other needs;
4) garden land plot - a land plot intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate objects, intended for storage of inventory and harvest of agricultural crops;
5) public property - capital construction facilities and general-purpose land plots located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs, the use of which can be carried out solely to meet the needs of citizens engaged in horticulture and horticulture (passage, passage, supply of heat and electricity energy, water, gas, sewerage, security, collection of municipal solid waste and other needs), as well as movable things created (created) or acquired for the operation of a horticultural or horticultural non-profit partnership (hereinafter also referred to as a partnership);
6) land plots of general purpose - land plots that are public property, provided for by the approved territory planning documentation and intended for common use by the right holders of land plots located within the boundaries of the territory of gardening or horticulture for their own needs by citizens, and (or) intended for placement other common property;
7) contributions - funds contributed by citizens who have the right to participate in a partnership in accordance with this Federal Law (hereinafter referred to as members of the partnership) to the current account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
8) the territory of horticulture or horticulture by citizens for their own needs (hereinafter - the territory of horticulture or horticulture) - the territory, the boundaries of which are determined in accordance with the territory planning documentation approved in relation to this territory.
Article 4
1. Owners of garden plots of land or garden plots of land, as well as citizens wishing to acquire such plots in accordance with land legislation, may create horticultural non-profit partnerships and horticultural non-profit partnerships, respectively.
2. The owners of garden plots of land or garden plots located within the boundaries of a horticulture or horticulture area have the right to create only one horticultural or horticulture non-profit partnership to manage common use property located within the boundaries of a given horticulture or horticulture area.
3. A horticultural or horticultural non-profit partnership is a type of partnership of real estate owners.
Article 5
1. Gardening or horticulture on garden plots or garden plots located within the boundaries of the territory of horticulture or horticulture, without participation in a partnership, may be carried out by the owners or, in the cases established by Part 11 of Article 12 of this Federal Law, by the right holders of garden or garden plots of land, who are not members of the association.
2. The persons referred to in paragraph 1 of this article shall have the right to use the property of common use located within the boundaries of the territory of horticulture or horticulture, on equal terms and in the amount established for members of the partnership.
3. The persons specified in part 1 of this article are obliged to pay for the acquisition, creation, maintenance of public property, current and major repairs of capital construction objects related to public property and located within the boundaries of the territory of gardening or horticulture, for services and works partnerships for the management of such property in the manner established by this Federal Law for the payment of contributions by members of the partnership.
4. The total annual amount of the fee provided for by Part 3 of this article is set at an amount equal to the total annual size of the target and membership fees of a member of the partnership, calculated in accordance with this Federal Law and the charter of the partnership.
5. In case of non-payment of the fee provided for by paragraph 3 of this article, this fee is collected by the partnership in a judicial proceeding.
6. The persons specified in part 1 of this article have the right to take part in the general meeting of the members of the partnership. On the issues specified in Clauses 4-6, 21 and 22 of Part 1 of Article 17 of this Federal Law, the persons specified in Part 1 of this Article shall have the right to take part in voting when decisions are made on these issues by the general meeting of members of the partnership. On other issues on the agenda of the general meeting of members of the partnership, the persons specified in paragraph 1 of this article do not take part in voting when a decision is made by the general meeting of members of the partnership.
7. The persons specified in Part 1 of this Article shall have the right provided for in Part 3 of Article 11 of this Federal Law.
8. The persons referred to in Part 1 of this Article shall have the right to appeal the decisions of the bodies of the partnership that entail civil law consequences for these persons, in cases and in the manner provided for by federal law.
Article 6
1. Gardening or horticulture on garden or garden plots of land may be carried out by citizens without creating a partnership.
2. Provision of garden or garden plots of land to citizens specified in Part 1 of this Article shall be carried out in the manner established by the Land Code of the Russian Federation.
3. Citizens engaged in horticulture or horticulture without creating a partnership shall carry out their activities in accordance with the legislation of the Russian Federation, including independently interacting with state authorities, local governments and other organizations, unless otherwise provided by the legislation of the Russian Federation.
Chapter 2. Formation of a partnership
Article 7
A partnership may be created and shall have the right to carry out its activities for joint possession, use and, within the limits established by federal law, for the disposal by citizens of common property that is in their common shared ownership or in common use, as well as for the following purposes:
1) creating favorable conditions for citizens to conduct horticulture and horticulture (providing heat and electricity, water, gas, sanitation, handling municipal solid waste, landscaping and protecting the territory of horticulture or horticulture, ensuring fire safety of the horticulture or horticulture territory and other conditions);
2) assistance to citizens in the development of land plots within the boundaries of the territory of horticulture or horticulture;
3) assistance to members of the partnership in interaction with each other and with third parties, including with state authorities and local governments, as well as protection of their rights and legitimate interests.
Article 8
The articles of association of a partnership must include:
1) the name of the partnership;
2) organizational and legal form of the partnership;
3) the location of the partnership;
4) the object and objectives of the activities of the partnership;
5) the procedure for managing the activities of the partnership, including the powers of the bodies of the partnership, the procedure for making decisions by them;
6) the procedure for admission to membership in the partnership, withdrawal and exclusion from the membership of the partnership;
7) the procedure for maintaining the register of members of the partnership;
8) the rights, duties and responsibilities of the members of the partnership;
9) the procedure for making contributions, the liability of members of the partnership for violation of obligations to make contributions;
10) composition, procedure for formation and powers of the audit commission (auditor);
11) the procedure for acquiring and creating property of common use of the partnership;
12) the procedure for changing the charter of the partnership;
13) the procedure for reorganization and liquidation of the partnership;
14) the procedure for providing members of the partnership with information about the activities of the partnership and familiarization with the accounting (financial) statements and other documentation of the partnership;
15) the procedure for interaction with citizens engaged in horticulture or horticulture on land plots located within the boundaries of the territory of horticulture or horticulture, without participation in the partnership;
16) the procedure for making decisions of the general meeting of members of the partnership by absentee voting.
Article 9
A partnership may be established for the purposes provided for in Article 7 of this Federal Law:
1) by citizens with the subsequent provision to the partnership of a land plot in state or municipal ownership;
2) citizens who are owners of garden or garden plots of land.
Article 10
1. The decision to establish a partnership is made by citizens (founders) unanimously at their general meeting by voting in person.
3. The decision to establish a partnership is drawn up in the form of minutes of the meeting, which is signed by the chairman of the meeting, the secretary of the meeting and the founders of the partnership.
4. The decision to establish a partnership shall contain information on the establishment of the partnership, approval of its charter, on the procedure, amount, methods and terms for the formation of the property of the partnership, on the election (appointment) of the sole executive body of the partnership (chairman of the partnership), the permanent collegial executive body of the partnership ( board) and the audit commission (auditor).
5. The decision to establish a partnership must contain information on the results of the voting of the founders of the partnership on the issues of establishing the partnership, on the procedure for joint activities of the founders to establish the partnership, on granting one of the founders the authority of the applicant to apply to the body that carries out the state registration of legal entities.
6. The number of founders of a partnership cannot be less than seven.
7. From the date of state registration of the partnership, the citizens who made the decision to establish the partnership (founders) are its members.
8. Within a month from the date of state registration of the partnership, its members who have acquired membership in the partnership in accordance with part 7 of this article must submit in writing to the chairman of the partnership or other authorized member of the board of the partnership the information specified in part 5 of article 12 of this Federal Law .
Chapter 3. Membership in a partnership
Article 11. Rights and obligations of a member of an association
1. A member of the partnership has the right:
1) in cases and in the manner provided for by this Federal Law and the charter of the partnership, receive information from the partnership's bodies about the activities of the partnership and get acquainted with the accounting (financial) statements and other documentation of the partnership;
2) to participate in the management of the affairs of the association;
3) voluntarily terminate membership in the partnership;
4) to appeal against the decisions of the bodies of the partnership, entailing civil law consequences, in the cases and in the manner provided for by federal law;
5) submit applications (appeals, complaints) to the bodies of the partnership in accordance with the procedure established by this Federal Law and the charter of the partnership.
2. Members of the partnership have other rights provided for by the Civil Code of the Russian Federation, this Federal Law and other regulatory legal acts of the Russian Federation.
3. Members of the partnership have the right to get acquainted and, upon application, receive for a fee, the amount of which is established by the decision of the general meeting of members of the partnership, certified in the manner established by Article 21 of this Federal Law, copies of:
1) the charter of the partnership with the amendments made to it, a document confirming the fact of making an entry in the unified state register of legal entities;
2) accounting (financial) statements of the partnership, income and expenditure estimates of the partnership, reports on the execution of such estimates, audit reports (in the event of audits);
3) conclusions of the audit commission (auditor) of the partnership;
4) documents confirming the partnership's rights to property reflected on its balance sheet;
5) minutes of the meeting on the founding of the partnership, minutes of general meetings of members of the partnership, meetings of the board of the partnership and the audit commission of the partnership;
6) financial and economic substantiation of the amount of contributions;
7) other internal documents of the partnership provided for by this Federal Law, the charter of the partnership and decisions of the general meeting of members of the partnership.
4. The fee charged by the partnership for the provision of copies of the documents referred to in paragraph 3 of this article may not exceed the costs of their production. The provision of copies of these documents to the audit commission (auditor), the state authority of the constituent entity of the Russian Federation or the local self-government body of the municipality at the location of the territory of horticulture or horticulture, courts and law enforcement agencies is carried out free of charge in accordance with their requests in writing.
5. Members of the partnership have the right, within thirty days from the date of filing an application for an extract from the register of members of the partnership to the board of the partnership, to receive the said extracts, certified in the manner established by Article 21 of this Federal Law.
6. Along with the obligations provided for by civil law for members of a non-profit corporate organization, a member of the partnership is obliged:
1) not violate the rights of other members of the partnership and persons engaged in horticulture or horticulture on land plots located within the boundaries of the territory of horticulture or horticulture, without participation in the partnership;
2) timely pay the contributions provided for by this Federal Law;
3) execute decisions taken by the chairman of the partnership and the board of the partnership, within the powers established by this Federal Law or assigned to them by the general meeting of members of the partnership;
4) comply with other obligations related to the implementation of activities within the boundaries of the territory of horticulture or horticulture, established by the legislation of the Russian Federation and the charter of the partnership.
Article 12
1. Only natural persons can be members of a partnership.
2. Admission to the membership of the partnership is carried out on the basis of an application from the right holder of a garden or garden plot of land located within the boundaries of the territory of horticulture or horticulture, which is submitted to the board of the partnership for submission to the general meeting of members of the partnership.
3. Owners or, in the cases established by part 11 of this article, right holders of garden or garden plots of land located within the boundaries of a horticulture or horticulture area, may be accepted as members of the partnership.
4. The right holder of a garden or vegetable plot of land, prior to filing an application for membership in a partnership, has the right to familiarize himself with its charter.
5. The application referred to in paragraph 2 of this article shall indicate:
1) last name, first name, patronymic (the last one, if any) of the applicant;
2) address of the applicant's place of residence;
3) the postal address at which the applicant can receive postal messages, unless such messages can be received at the address of the place of residence;
4) e-mail address at which electronic messages can be received by the applicant (if any);
5) the consent of the applicant to comply with the requirements of the charter of the partnership.
6. Copies of documents on the rights to a garden or garden plot of land located within the boundaries of the territory of gardening or horticulture are attached to the application.
7. Consideration by the general meeting of members of the partnership of the application specified in paragraph 2 of this article is carried out in the manner prescribed by the charter of the partnership.
8. The day of admission to membership of the partnership of the person who submitted the application specified in paragraph 2 of this article is the day of the adoption of the relevant decision by the general meeting of members of the partnership.
9. The acquisition of membership in an association must be refused if the person who submitted the application referred to in paragraph 2 of this article:
1) was previously excluded from the number of members of this partnership in connection with a violation of the obligation established by Clause 2 of Part 6 of Article 11 of this Federal Law, and did not eliminate the said violation;
2) is not the owner or, in the cases established by part 11 of this article, the right holder of the land plot located within the boundaries of the territory of horticulture or horticulture;
3) did not submit the documents provided for by paragraph 6 of this article;
4) submitted an application that does not meet the requirements provided for by paragraph 5 of this article.
10. Members of a reorganized non-profit organization created by citizens for horticulture or horticulture before the day this Federal Law enters into force, membership in a partnership arises from the date of state registration of the partnership created as a result of the reorganization of the specified non-profit organization. In this case, a decision on admission to membership in the partnership is not required.
11. In the event that garden or garden plots of land, which are in state or municipal ownership and located within the boundaries of the territory of horticulture or horticulture, belong to citizens on the right of lifetime inheritable possession or permanent (perpetual) use, or these land plots are leased to citizens, the right participation in the partnership is carried out by these landowners, land users and tenants of land plots. At the same time, in order for such citizens to acquire membership in the partnership, the adoption of any decisions of state authorities or local governments is not required.
12. The persons specified in part 11 of this article, membership arises in the manner prescribed by this article.
13. Each member of the partnership within three months from the date of admission to the membership of the partnership by the chairman of the partnership shall be issued a membership book or another document replacing it, confirming membership in the partnership. The form and content of the membership book or other document replacing it, confirming membership in the partnership, are established by the decision of the general meeting of members of the partnership.
Article 13. Grounds and procedure for termination of membership in a partnership
1. Membership in a partnership may be terminated voluntarily or involuntarily, as well as in connection with the termination of the rights of a member of the partnership to a garden or garden plot of land belonging to him or in connection with the death of a member of the partnership.
2. Voluntary termination of membership in the partnership is carried out by withdrawing from the partnership.
3. Membership in the partnership in connection with the withdrawal from the partnership is terminated from the day the member of the partnership submits the relevant application to the board of the partnership. At the same time, the adoption of a decision by the bodies of the partnership on termination of membership in the partnership is not required.
4. Membership in the partnership is terminated by force by the decision of the general meeting of members of the partnership from the date of such a decision or from another date determined by this decision, due to non-payment of contributions for more than two months from the moment this obligation arises, unless a longer period is provided for by the charter of the partnership .
5. Not later than one month before the day of the general meeting of the members of the partnership at which it is planned to consider the issue of expelling a member of the partnership, the chairman of the partnership shall send a warning to this member of the partnership about the inadmissibility of failure to fulfill the obligation specified in clause 2 of part 6 of Article 11 of this Federal Law, containing recommendations for eliminating violations of this obligation, by registered mail with acknowledgment of receipt to the address of residence and e-mail address (if any) indicated in the register of members of the partnership, at which electronic messages can be received by this member of the partnership.
6. A member of the partnership must be informed in accordance with the procedure established by Part 13 of Article 17 of this Federal Law of the date, time and place of the general meeting of the members of the partnership, at which the issue of excluding him from the membership of the partnership should be considered.
7. The decision of the general meeting of members of the partnership on the forced termination of membership in the partnership may be appealed in court.
8. In the event of exclusion of a member of the partnership in the manner prescribed by part 4 of this article, within ten days from the date of the decision specified in part 7 of this article, to him at the address of residence and e-mail address (if any) indicated in the register of members of the partnership, to which this member of the partnership can receive electronic messages, a copy of such a decision is sent, as well as a notice stating:
1) the date of the general meeting of the members of the partnership, at which the decision was made to expel a member of the partnership;
2) the circumstances that served as the basis for termination of membership in the partnership;
3) the conditions under which a citizen who has been expelled from the partnership may be admitted to the partnership again after the violation that served as the basis for the forced termination of his membership in the partnership has been eliminated.
9. In connection with the termination of the rights of a member of the partnership to a garden or garden plot of land or due to the death of a member of the partnership, membership in the partnership is terminated on the day of the occurrence of the relevant event. The decision of the general meeting of members of the partnership in connection with the specified circumstance is not accepted.
10. The former member of the partnership, within ten calendar days from the date of termination of the rights to a garden or garden plot of land, is obliged to notify the board of the partnership about this in writing, providing copies of documents confirming such termination.
11. In case of non-fulfillment of the requirement established by part 10 of this article, the former member of the partnership bears the risk of charging to him the expenses of the partnership related to the lack of information from the management of the partnership about the termination of his membership in the partnership.
Article 14
1. Contributions of members of the partnership may be of the following types:
1) membership fees;
2) earmarked contributions.
2. The obligation to make contributions applies to all members of the partnership.
3. Membership fees are paid by members of the partnership in the manner prescribed by the charter of the partnership to the current account of the partnership.
4. The frequency (cannot be more than once a month) and the term for making membership fees are determined by the charter of the partnership.
5. Membership fees can be used exclusively for expenses related to:
2) with the implementation of settlements with organizations supplying heat and electricity, water, gas, water disposal on the basis of agreements concluded with these organizations;
3) with the implementation of settlements with the operator for the treatment of solid municipal waste, the regional operator for the treatment of solid municipal waste on the basis of agreements concluded by the partnership with these organizations;
4) with the improvement of land plots for general purposes;
5) with the protection of the territory of horticulture or horticulture and the provision of fire safety within the boundaries of such territory;
6) with the conduct of audits of the partnership;
7) with the payment of wages to persons with whom the partnership has concluded employment contracts;
8) with the organization and holding of general meetings of the members of the partnership, the implementation of the decisions of these meetings;
9) with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.
6. Target contributions are made by the members of the partnership to the current account of the partnership by decision of the general meeting of the members of the partnership, which determines their amount and term of payment, in the manner established by the charter of the partnership, and can be directed to expenses exclusively related to:
1) with the preparation of documents necessary for the formation of a land plot, which is in state or municipal ownership, in order to further provide such a land plot to the partnership;
2) with the preparation of documentation for the planning of the territory in relation to the territory of horticulture or horticulture;
3) with carrying out cadastral work for the purpose of entering into the Unified State Register of Real Estate information about garden or garden plots, general-purpose land plots, about other real estate objects related to public property;
4) with the creation or acquisition of common property necessary for the activities of the partnership;
5) with the implementation of measures provided for by the decision of the general meeting of members of the partnership.
7. In the cases provided for by the charter of the partnership, the amount of contributions may differ for individual members of the partnership, if this is due to the different volume of use of common property depending on the size of the garden or garden land and (or) the total size of the area of real estate objects located on such a land plot, or the size of a share in the right of common shared ownership of such a land plot and (or) real estate objects located on it.
8. The amount of contributions is determined on the basis of the income and expenditure estimate of the partnership and the financial and economic justification approved by the general meeting of members of the partnership.
9. The charter of the partnership may establish the procedure for collecting and the amount of penalties in case of late payment of contributions.
10. In case of non-payment of contributions and penalties, the partnership has the right to recover them in court
Article 15
1. Not later than one month from the date of state registration of the partnership, in accordance with the charter of the partnership, the chairman of the partnership or another authorized member of the board of the partnership creates a register of members of the partnership and maintains it.
2. The processing of personal data necessary for maintaining the register of members of the partnership is carried out in accordance with this Federal Law and the legislation on personal data.
3. The register of members of the partnership must contain data on the members of the partnership specified in Part 5 of Article 12 of this Federal Law, the cadastral (conditional) number of the land plot, the owner of which is a member of the partnership (after the distribution of land plots among the members of the partnership).
4. A member of the partnership is obliged to provide reliable information necessary for maintaining the register of members of the partnership, and timely inform the chairman of the partnership or other authorized member of the board of the partnership about their change.
5. In the event of non-fulfilment of the requirement established by part 4 of this article, a member of the partnership bears the risk of charging to him the expenses of the partnership related to the lack of up-to-date information in the register of members of the partnership.
6. Information about the persons specified in Part 1 of Article 5 of this Federal Law may be entered in a separate section of the register of members of the partnership in accordance with the procedure established by this Article, with the consent of such persons.
Chapter 4. Management of the partnership and control over its activities
Article 16
1. The supreme body of the partnership is the general meeting of members of the partnership.
2. The number of members of an association cannot be less than seven.
3. A sole executive body (the chairman of the partnership) and a permanent collegial executive body (the board of the partnership) are created in the partnership.
4. Along with the executive bodies specified in paragraph 3 of this article, in the manner and for the purposes provided for by the charter of the partnership, an audit commission (auditor) must be formed.
5. The chairman of the partnership, members of the board of the partnership, the audit commission (auditor) are elected at the general meeting of members of the partnership for a period established by the charter of the partnership, but not more than five years from among the members of the partnership by secret or open vote. The decision on the procedure for voting (secret or open) on the issues specified in this part is taken by the general meeting of the members of the partnership by a simple majority of votes from the total number of members of the partnership present at such a meeting. The same person may be re-elected an unlimited number of times to positions in the association's bodies.
6. Persons elected to the executive bodies of the partnership continue to exercise their powers until the election of new executive bodies of the partnership.
7. Decisions of the bodies of the partnership, adopted within the competence of such bodies, are binding on all members of the partnership.
Article 17
1. The exclusive competence of the general meeting of members of the partnership includes:
1) changing the charter of the partnership;
2) election of the bodies of the partnership (chairman of the partnership, members of the board of the partnership), the audit commission (auditor), early termination of their powers;
3) determination of the conditions under which the remuneration of the chairman of the partnership, members of the board of the partnership, members of the audit commission (auditor), as well as other persons with whom the partnership has concluded labor contracts;
4) making a decision on the acquisition by the partnership of land plots that are in state or municipal ownership, on the performance of the necessary actions for the acquisition of these land plots;
5) decision-making on the creation (construction, reconstruction) or acquisition of common property, including general-purpose land plots, and on the procedure for its use;
6) making a decision on the transfer of real estate for common use to the common shared ownership of the owners of land plots located within the boundaries of the territory of horticulture or horticulture, to the state ownership of the subject of the Russian Federation or to the ownership of the municipality, within whose boundaries the territory of horticulture or horticulture is located;
7) admission of citizens as members of the partnership, exclusion of citizens from among the members of the partnership, determination of the procedure for considering applications of citizens for admission to membership in the partnership;
8) making a decision to open or close bank accounts of the partnership;
9) approval of the territory planning project and (or) the territory surveying project, prepared in relation to the territory of horticulture or horticulture;
10) distribution of garden or garden land plots formed on the basis of approved territory planning documentation among the members of the partnership, indicating the conditional numbers of land plots in accordance with the approved land surveying project for their subsequent provision in accordance with the Land Code of the Russian Federation;
11) approval of the reports of the audit commission (auditor);
12) approval of the regulation on the remuneration of employees and members of the bodies of the partnership, members of the audit commission (auditor) who have concluded employment contracts with the partnership;
13) making decisions on the creation of associations (unions) of partnerships, joining them or leaving them;
14) conclusion of an agreement with an audit organization or an individual auditor of the partnership;
15) approval of the procedure for conducting a general meeting of members of the partnership, the activities of the chairman and board of the partnership, the activities of the audit commission (auditor) of the partnership;
16) consideration of complaints of members of the partnership against decisions and actions (inaction) of members of the board, chairman, members of the audit commission (auditor) of the partnership;
17) approval of the income and expenditure estimate of the partnership and the adoption of a decision on its implementation;
18) approval of the reports of the board of the association, reports of the chairman of the association;
19) determining the procedure for consideration by the bodies of the partnership of applications (appeals, complaints) of members of the partnership;
20) adoption of a decision on the election of the chairman of the general meeting of the members of the partnership;
21) determination of the amount and term for making contributions, the procedure for spending target contributions, as well as the amount and term for paying the fee provided for by Part 3 of Article 5 of this Federal Law;
22) approval of the financial and economic justification for the amount of contributions, the financial and economic justification for the amount of the fee provided for by Part 3 of Article 5 of this Federal Law;
23) making decisions on the reorganization and liquidation of the partnership, on the appointment of a liquidation commission (liquidator) and on the approval of an interim liquidation balance sheet and a liquidation balance sheet.
2. On the issues specified in paragraphs 1 - 6, 10, 17, 21 - 23 of part 1 of this article, decisions of the general meeting of members of the partnership are taken by a qualified majority of at least two-thirds of the total number of members of the partnership present at the general meeting.
3. On the issues specified in clauses 4-6, 21 and 22 of part 1 of this article, decisions of the general meeting of members of the partnership are made taking into account the voting results of the persons specified in part 1 of article 5 of this Federal Law who voted on these issues in the manner established this federal law.
4. On other issues specified in paragraph 1 of this article, decisions of the general meeting of members of the partnership are adopted by a majority vote of the total number of members of the partnership present at the general meeting.
5. The general meeting of the members of the partnership may be regular or extraordinary.
6. The next general meeting of the members of the partnership is convened by the board of the partnership as necessary, but at least once a year.
7. An extraordinary general meeting of members of the partnership must be held at the request of:
1) the board of the association;
2) audit commission (auditor);
3) members of the partnership in the amount of more than one fifth of the members of the partnership.
8. An extraordinary general meeting of the members of the partnership may also be held at the request of the local self-government body at the location of the horticulture or horticulture area.
9. In the cases provided for by paragraphs 2, 3 of part 7 and part 8 of this article, the request to hold an extraordinary general meeting of the members of the partnership is handed over personally to the chairman of the partnership or sent by registered mail with notification of delivery to the chairman of the partnership or to the board of the partnership at the location of the partnership.
10. The request to hold an extraordinary general meeting of members of the partnership must contain a list of issues to be included in the agenda of the extraordinary general meeting of members of the partnership, and may also contain proposed decisions on each of them.
11. The board of the partnership, no later than thirty days from the date of receipt of the request specified in parts 7 and 8 of this article, is obliged to ensure the holding of an extraordinary general meeting of members of the partnership.
12. In case of violation by the board of the partnership of the time and procedure for holding an extraordinary general meeting of members of the partnership, established by part 11 of this article, the audit commission (auditor), members of the partnership, local government requiring an extraordinary general meeting of members of the partnership, have the right to independently ensure the holding of an extraordinary general meetings of members of the partnership, subject to the provisions of parts 13 - 18 of this article.
13. Notification of the general meeting of the members of the partnership at least two weeks before the day of its holding:
1) sent to the addresses indicated in the register of members of the partnership (if there is an electronic address, the notification is sent only in the form of an electronic message);
2) posted on the website of the partnership in the information and telecommunications network "Internet" (if available);
3) is placed on an information board located within the boundaries of the territory of horticulture or horticulture.
14. The announcement of the general meeting of the members of the partnership may also be placed in the mass media, determined by the constituent entity of the Russian Federation.
15. The notice of holding a general meeting of members of the partnership must contain a list of issues to be considered at the general meeting of members of the partnership, the date, time and place of the general meeting of members of the partnership. Inclusion in the specified list of additional issues directly during such a meeting is not allowed.
16. If the agenda of the general meeting of members of the partnership includes the issues specified in clauses 4-6, 21 and 22 of part 1 of this article, the persons specified in part 1 of article 5 of this Federal Law shall be notified of the holding of the general meeting of members of the partnership in the manner established for notification of members of the partnership.
17. The board of the partnership is obliged to provide an opportunity to get acquainted with the draft documents and other materials planned for consideration at the general meeting of the members of the partnership, at least seven days before the date of the general meeting of the members of the partnership, including with the draft income and expenditure estimate, in case if the agenda of the general meeting of members of the partnership provides for the issue of approving the income and expenditure estimates of the partnership. In case of violation of the term provided for by this part, consideration of the said draft documents and other materials at the general meeting of the members of the partnership is not allowed.
18. For members of the partnership, as well as for all non-member right holders of land plots located within the boundaries of the territory of horticulture or horticulture, free access to the venue of the general meeting of members of the partnership must be provided.
19. The general meeting of the members of the partnership is competent if more than fifty percent of the members of the partnership or their representatives are present at the said meeting.
20. The chairperson of the general meeting of the members of the partnership is the chairman of the partnership, unless otherwise decided by this meeting.
21. In cases determined by the board of the partnership, the decision of the general meeting of members of the partnership may be taken in the form of in-person or absentee voting.
22. On the issues specified in paragraphs 1, 2, 4 - 6, 10, 17, 21 - 23 of part 1 of this article, absentee voting is not allowed.
23. If, when holding a general meeting of members of the partnership on the issues specified in paragraphs 1, 2, 4 - 6, 10, 17, 21 - 23 of part 1 of this article, such a general meeting of members of the partnership did not have the information specified in part 19 of this articles of the quorum, in the future, the decision of such a general meeting of members of the partnership on the same issues on the agenda of such a general meeting of members of the partnership may be taken by holding an absentee vote.
25. Decisions of the general meeting of members of the partnership are drawn up in a protocol indicating the results of voting and appended to it a list signed by each member of the partnership or each representative of a member of the partnership who took part in the general meeting of members of the partnership. The minutes of the general meeting of the members of the partnership shall be signed by the chairman of the general meeting of the members of the partnership. In the event that the general meeting of the members of the partnership makes a decision by absentee voting, such decision shall also be accompanied by decisions in writing of the persons specified in clause 2 of part 24 of this article. In case of participation in the general meeting of members of the partnership of the persons specified in Part 1 of Article 5 of this Federal Law, the results of voting of such persons on the agenda of the general meeting of members of the partnership are drawn up in accordance with the rules provided for by this part for registration of the voting results of members of the partnership.
26. The adoption of a decision of the general meeting of the members of the partnership by absentee voting does not imply a face-to-face discussion of the issues on the agenda of such a meeting and is carried out by summing up the voting results of the members of the partnership who sent their decisions in writing on the agenda of the general meeting of members of the partnership to its board before the day of such a general meeting .
27. Decisions of the general meeting of members of the partnership are binding on the bodies of the partnership, members of the partnership, as well as the persons specified in Part 1 of Article 5 of this Federal Law (if such decisions are made on the issues specified in clauses 4 - 6, 21 and 22 of part 1 of this article).
28. In the decision of the general meeting of members of the partnership on the transfer of real estate for general use to the common shared ownership of the owners of garden or garden plots of land located within the boundaries of the territory of horticulture or horticulture, the following shall be indicated:
1) last name, first name, patronymic (the last one - if available), details of identity documents of the owners of land plots located within the boundaries of the horticulture or horticulture territory, in the common shared ownership of which the property of common use is transferred;
2) description and cadastral numbers of objects related to the property of common use and transferred to the common shared ownership of the owners of land plots located within the boundaries of the territory of horticulture or horticulture;
3) the size of the share in the right of common shared ownership of the common use property arising in connection with the transfer of this property to the common shared ownership of the owners of land plots located within the boundaries of the territory of horticulture or horticulture, the details of the documents confirming the partnership's ownership of the transferred common use property.
Article 18
1. The board of the partnership is accountable to the general meeting of members of the partnership.
2. The chairman of the partnership is a member of the board of the partnership and its chairman.
3. The number of members of the board of the partnership cannot be less than three people and should not exceed five percent of the total number of members of the partnership.
4. Meetings of the board of the partnership are convened by the chairman of the partnership as necessary within the time limits established by the charter of the partnership.
5. A meeting of the board of an association is competent if at least half of its members are present.
6. Decisions of the board of the partnership are made by open voting by a simple majority of votes of the members of the board present. In case of equality of votes, the vote of the chairman of the association is decisive.
7. The powers of the board of the partnership include:
1) implementation of decisions of the general meeting of members of the partnership;
2) adoption of a decision on holding a general meeting of members of the partnership or ensuring the adoption of a decision of the general meeting of members of the partnership in the form of in-person or absentee voting;
3) making a decision on holding an extraordinary general meeting of members of the partnership or on the need to hold an extraordinary general meeting of members of the partnership in the form of in-person or absentee voting;
4) management of the current activities of the partnership;
5) decision-making on the conclusion of contracts with organizations supplying heat and electricity, water, gas, sanitation, landscaping and protection of the territory of gardening or horticulture, ensuring fire safety and other activities aimed at achieving the goals of the partnership;
6) decision-making on the conclusion of contracts with the operator for the treatment of municipal solid waste, the regional operator for the treatment of municipal solid waste;
7) ensuring the fulfillment of obligations under contracts concluded by the partnership;
8) ensuring the creation and use of common property of the partnership, as well as the creation of the necessary conditions for the joint possession, use and disposal of such property by citizens;
9) drawing up income and expenditure estimates and reports of the board of the partnership and submitting them for approval to the general meeting of members of the partnership;
10) keeping records and reporting of the partnership, preparing the annual report and submitting it for approval to the general meeting of members of the partnership;
11) ensuring the conduct of office work in the partnership and the maintenance of the archive in the partnership;
12) control over the timely payment of contributions provided for by this Federal Law, applying to the court for the recovery of debts on payment of contributions or fees provided for by Part 3 of Article 5 of this Federal Law, in a judicial proceeding;
13) consideration of applications of members of the partnership;
14) development and submission for approval of the general meeting of members of the partnership of the procedure for conducting a general meeting of members of the partnership and other internal regulations of the partnership, provisions on remuneration of employees and members of the partnership's bodies who have concluded labor contracts with the partnership;
15) preparation of a financial and economic justification for the amount of contributions made by members of the partnership, and the amount of the fee provided for by Part 3 of Article 5 of this Federal Law.
8. The board of a partnership, in accordance with its charter, has the right to make decisions necessary to achieve the goals of the partnership, with the exception of decisions referred by this Federal Law and the charter of the partnership to the powers of other bodies of the partnership.
9. The income and expenditure estimate of the partnership, drawn up by the board of the partnership, must contain an indication of the size of the expected income and expenses of the partnership, a list of proposed measures and the officials of the partnership responsible for their provision.
10. The income and expenditure estimate may be drawn up for a calendar year or for another period during which it is planned to carry out activities that require the expenses of the partnership.
Article 19
1. The chairman of the partnership acts without a power of attorney on behalf of the partnership, including:
1) chair meetings of the board of the association;
2) has the right of first signature on financial documents that, in accordance with the charter of the partnership, are not subject to mandatory approval by the board of the partnership or the general meeting of members of the partnership;
3) signs the documents of the partnership, including those approved by the decision of the general meeting of the members of the partnership, and also signs the minutes of the meeting of the board of the partnership;
4) conclude transactions, open and close bank accounts, perform other operations on bank accounts, including on the basis of decisions of the general meeting of members of the partnership and the board of the partnership, in cases where the adoption of decisions on such actions falls within the exclusive competence of the general meeting of members of the partnership or the board of the association;
5) employs employees in the partnership under labor contracts, exercises the rights and fulfills the obligations of the partnership as an employer under these contracts;
6) issue powers of attorney without the right of substitution;
7) carries out representation on behalf of the partnership in state authorities, local governments, as well as in relations with other persons;
8) consider applications of members of the partnership.
2. The chairman of the partnership, in accordance with the charter of the partnership, performs other duties necessary to ensure the activities of the partnership, with the exception of the duties that are provided for by this Federal Law and the performance of which is the authority of other bodies of the partnership.
Article 20
1. Control over the financial and economic activities of the partnership, including the activities of its chairman and the board of the partnership, is carried out by the audit commission (auditor).
2. The audit commission consists of at least three members of the partnership. The chairman of the partnership and members of its board, as well as their spouses and their parents (adoptive parents), parents (adoptive parents), grandparents, children (adopted), grandchildren, brothers and sisters (their spouses).
3. The procedure for the work of the audit commission (auditor) and its powers are established by the charter of the partnership and (or) the regulation on the audit commission (auditor) approved by the general meeting of members of the partnership.
4. The audit commission (auditor) is accountable to the general meeting of members of the partnership.
5. The audit commission (auditor) of the partnership is obliged:
1) check the implementation by the board of the partnership and its chairman of the decisions of the general meetings of the members of the partnership, the legality of transactions made by the bodies of the partnership, the composition and condition of common property;
2) carry out audits of the financial and economic activities of the partnership at least once a year or at another time, if such a period is established by a decision of the general meeting of members of the partnership;
3) report on the results of the audit to the general meeting of members of the partnership with the submission of proposals for the elimination of identified violations;
4) notify the general meeting of members of the partnership of all identified violations in the activities of the bodies of the partnership;
5) check the timely consideration by the board of the partnership or its chairman of the applications of the members of the partnership.
6. Bodies of a partnership are obliged, at the request of the audit commission (auditor), to provide copies of the partnership's documents certified in accordance with the procedure established by Article 21 of this Federal Law.
Article 21
1. The chairman of the partnership is responsible for the conduct of office work in the partnership. Extracts from the documents of the partnership and copies of the documents of the partnership must be certified by the seal of the partnership and the signature of the chairman of the partnership.
2. The minutes of the general meetings of the members of the partnership shall be signed by the chairman of the general meeting of the members of the partnership. The minutes of general meetings of members of the partnership, held in the form of absentee voting, are signed by the chairman of the partnership.
3. The minutes of the meetings of the board of the partnership are signed by the chairman of the partnership.
4. Documents drawn up by the audit commission (auditor) are signed by the members of the audit commission (auditor) of the partnership.
5. The protocols specified in parts 2 and 3 of this article shall be certified by the seal of the partnership.
6. The protocols referred to in paragraphs 2 and 3 of this article, as well as other documents of the partnership, shall be kept in its files for at least forty-nine years.
7. Certified copies of the minutes specified in parts 2 and 3 of this article, or certified extracts from these minutes, are provided to the members of the partnership at their request or at the request of the persons specified in part 1 of article 5 of this Federal Law (if these minutes contain an indication of decisions , adopted by the general meeting of members of the partnership on the issues provided for in paragraphs 4 - 6, 21 and 22 of the article of part 1 of article 17 of this Federal Law), as well as to state authorities or local governments if the information contained in such protocols may be requested by these authorities in accordance with their powers under federal law.
8. The procedure for conducting office work in a partnership, including the procedure for transferring documents in connection with the re-election, removal from office of persons elected to the bodies of the partnership, is determined by the charter of the partnership.
Chapter 5
Article 22
1. Provision to the partnership and members of the partnership of land plots in state or municipal ownership shall be carried out in accordance with the procedure established by the Land Code of the Russian Federation and this Federal Law.
2. The distribution of land plots among the members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership. The conditional numbers of such plots are indicated in the register of members of the partnership and the land survey project.
3. Garden land plots and garden land plots that are in state or municipal ownership are provided to citizens free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.
Article 23
1. The limiting parameters of the permitted construction of buildings and structures, the construction of which is carried out on garden land plots, are determined by town planning regulations.
2. The construction of capital construction facilities on garden land plots is allowed only if such land plots are included in the territorial zones provided for by the land use and development rules, in relation to which urban planning regulations have been approved that establish the limiting parameters for such construction.
3. A garden house may be recognized as a dwelling house, a dwelling house may be recognized as a garden house in the manner prescribed by the Government of the Russian Federation.
4. In order to ensure the sustainable development of the territory of horticulture or horticulture, including the establishment of the boundaries of such a territory, the establishment of the boundaries of land plots, including general-purpose land plots, the establishment of the boundaries of the zones of the planned placement of capital construction objects, including capital construction objects related to public property preparation of documentation for the planning of the territory. Preparation of documentation for the planning of the territory of horticulture or horticulture is carried out in accordance with the legislation on urban planning activities, taking into account the requirements of this article. The territory planning documentation prepared in relation to the territory of gardening or horticulture must be approved by the decision of the general meeting of the members of the partnership before it is approved. Preparation and approval of a territory planning project in relation to the gardening area is not required. Establishing the boundaries of garden land plots and the formation of garden land plots and general-purpose land plots within the boundaries of the gardening territory are carried out in accordance with the approved land surveying project.
5. The boundaries of the territory of horticulture or horticulture, when preparing documentation for planning the territory for a partnership established in accordance with paragraph 2 of Article 9 of this Federal Law, include land plots that simultaneously meet the following requirements:
1) are owned by the founders of the partnership;
2) constitute a single, inseparable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality.
6. Within the boundaries of the territory of horticulture or horticulture, when preparing documentation for the planning of the territory for a partnership established in accordance with paragraph 2 of Article 9 of this Federal Law, along with the land plots specified in Part 5 of this Article, lands and (or) land plots that are in state or municipal ownership and not provided to citizens and legal entities, with an area of at least twenty and not more than twenty-five percent of the total area of garden or garden land included in the boundaries of the horticulture or horticulture territory.
7. The boundaries of the territory of horticulture or horticulture cannot include land plots and territories of common use, determined in accordance with land legislation and legislation on urban planning, as well as other plots, the inclusion of which in the boundaries of the territory of horticulture or horticulture is not allowed in accordance with the law Russian Federation.
8. Establishing the boundaries of the territory of horticulture or horticulture, as a result of which free access from other land plots to the territories of common use or to land plots of common use located outside such boundaries may be limited or terminated, is not allowed.
9. When preparing documentation on the planning of the territory for a partnership established in accordance with paragraph 2 of Article 9 of this Federal Law, it is prohibited to include land plots belonging to persons who are not founders of the partnership into the boundaries of the territory of horticulture or horticulture, except for the case established by part 6 of this articles.
10. Garden land and garden land may be included in the boundaries of only one area of gardening or horticulture.
11. Garden and garden plots of land may be formed from the lands of settlements or from agricultural lands.
12. The establishment of the boundaries of the territory of horticulture or horticulture is not an independent basis for giving such territory the status of a settlement. The inclusion of horticultural or horticultural areas within the boundaries of a settlement is carried out in accordance with the legislation of the Russian Federation.
Chapter 6. Common property
Article 24
1. Formation of land plots of general purpose is carried out in accordance with the approved project of land surveying of the territory.
2. Management of common property within the boundaries of the territory of horticulture or horticulture may be carried out by only one partnership in accordance with this Federal Law.
3. Property of common use, located within the boundaries of the territory of horticulture or horticulture, may also belong to the partnership on the basis of ownership and other rights provided for by civil legislation.
4. A land plot of general purpose, which is in state or municipal ownership and located within the boundaries of the territory of horticulture or horticulture, is subject to provision into common shared ownership of persons who are owners of land plots located within the boundaries of the territory of horticulture or horticulture, in proportion to the area of these plots. The provision of a general-purpose land plot in this case may be carried out at the request of a person authorized to submit an appropriate application by a decision of the general meeting of members of the partnership.
5. The right holders of land plots located within the boundaries of the territory of horticulture or horticulture, have the right to use general-purpose land plots within the boundaries of such territory for passage and travel to their land plots freely and without charging a fee. No one has the right to restrict the access of the right holders of land plots located within the boundaries of the territory of horticulture or horticulture to such land plots.
Article 25
1. Common property located within the boundaries of the territory of horticulture or horticulture, which is real estate, created (created), acquired after the date of entry into force of this Federal Law, belongs on the basis of the right of common shared ownership to persons who are owners of land plots located within the boundaries of the territory horticulture or horticulture, in proportion to the area of these plots.
2. The right of ownership to immovable property that is part of public property arises from the moment of state registration of such a right in accordance with Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate".
3. In accordance with the decision of the general meeting of members of the partnership, real estate for common use, located within the boundaries of the territory of horticulture or horticulture, owned by the partnership, may be transferred free of charge to the common shared ownership of persons who are owners of land plots located within the boundaries of the territory of horticulture or horticulture, in proportion to the area of these plots, provided that all owners of land plots located within the boundaries of the territory of horticulture or horticulture have expressed their consent to the acquisition of an appropriate share in the common ownership of such property. The transfer of said property in accordance with this part is not a donation.
4. The share in the right of common ownership of the property of common use of the owner of a garden or garden plot of land located within the boundaries of the territory of horticulture or horticulture follows the fate of the ownership right to such a garden or garden plot of land.
5. Upon transfer of ownership of a garden or garden land plot located within the boundaries of a horticulture or horticulture area, the share in the common ownership of the common use property of the new owner of such land is equal to the share in the common ownership of the said common use property of the previous owner of such land site.
6. The owner of a garden or garden plot of land located within the boundaries of the territory of horticulture or horticulture is not entitled to:
1) to carry out the allocation in kind of his share in the right of common ownership of the property of common use;
2) to alienate his share in the right of common ownership of the common property, as well as to perform other actions that entail the transfer of this share separately from the ownership of the specified plot.
7. The terms of the contract, according to which the transfer of ownership of a garden or garden plot is not accompanied by the transfer of a share in the right of common ownership of common property, are void (if the owner of the garden or garden plot owns such a share).
8. Common property specified in Clause 6 of Part 3 of Article 26 of this Federal Law may be transferred free of charge to the state ownership of the subject of the Russian Federation or the municipality in whose territories the territory of horticulture or horticulture is located, in case of simultaneous compliance with the following conditions:
1) the decision to transfer the said property was made by the general meeting of the members of the partnership;
2) in accordance with federal law, the said property may be in state or municipal ownership;
3) in the event that the said property, on the basis of the right of common share ownership, belongs to persons who are owners of land plots located within the boundaries of the territory of horticulture or horticulture, the consent of such persons to carry out the said transfer has been obtained.
Chapter 7
Article 26
1. Support for horticulture and horticulture by state authorities and local governments is carried out on the basis of the special social significance of horticulture and horticulture.
2. The federal government bodies have the right to support horticulture and horticulture at the expense of the federal budget.
3. In order to provide state and municipal support for horticulture and horticulture, state authorities of the constituent entities of the Russian Federation and local governments have the right to:
1) create subdivisions in its structure that ensure the implementation of regional and municipal policies to support horticulture and horticulture;
2) adopt state and municipal programs to support horticulture and horticulture, including investment programs;
3) to carry out educational work in order to popularize horticulture and horticulture;
4) to organize, within the boundaries of the territory of horticulture or horticulture, the supply of heat and electricity, water, gas, water disposal, fuel supply within the limits of authority established by the legislation of the Russian Federation;
5) to finance the implementation of complex cadastral work in relation to the cadastral quarters, within the boundaries of which the territories of horticulture or horticulture are located;
6) at the request of the partnership or participants in common shared ownership of common property located within the boundaries of the territory of horticulture or horticulture, acquire free of charge into state ownership of a constituent entity of the Russian Federation or municipal property such common property (roads, electric grid facilities, water supply, communications and other objects) in the event that such property, in accordance with federal law, may be in state or municipal ownership.
4. State authorities and local self-government bodies, when making decisions in the field of urban planning activities and activities in the field of environmental protection, take into account the opinion of the right holders of garden and garden land plots if such decisions affect their interests and are subject to discussion at public (public) hearings in in accordance with the legislation of the Russian Federation.
5. State authorities of the subjects of the Russian Federation and local governments have the right to support the development of horticulture and horticulture in other forms established by the legislation of the Russian Federation.
6. The procedure for the implementation of measures of state and municipal support for horticulture and horticulture, provided for in paragraph 3 of this article, is established by the state authorities of the constituent entities of the Russian Federation and local governments, respectively.
7. The procedure for acquiring the property specified in clause 6 of part 3 of this article into state ownership of a constituent entity of the Russian Federation or municipal property shall be established by the constituent entities of the Russian Federation.
8. The implementation of the powers of state authorities and the resolution of issues of local importance by local governments in relation to the territories of horticulture or horticulture are carried out within the competence of such bodies, determined in accordance with federal laws and laws of the constituent entities of the Russian Federation.
9. Measures of state and municipal support in relation to the territories of horticulture and horticulture, within the boundaries of which garden land and garden land belong exclusively to citizens who have the right to their extraordinary, priority or other preferential acquisition, are given priority.
Chapter 8. Reorganization and liquidation of the partnership
Article 27. Reorganization of an association
1. A horticultural or horticultural non-profit partnership, if its members decide to change the type of activity to the production, processing and marketing of crop products or other activities that are not related to horticulture and horticulture and for the implementation of which, in accordance with the Civil Code of the Russian Federation, it is allowed to create consumer cooperative, should be transformed into a consumer cooperative.
2. A horticultural non-profit partnership, by decision of the general meeting of members of the partnership, has the right to change its type to a partnership of homeowners without changing the organizational and legal form of the partnership of property owners if it complies with the norms of the housing legislation of the Russian Federation governing the creation of a homeowners' association, and at the same time satisfies the following conditions:
1) the territory of horticulture is located within the boundaries of the settlement;
2) residential buildings are located on all garden plots located within the boundaries of the gardening area.
3. Changing the type of horticultural non-profit partnership to a homeowners' partnership is not its reorganization.
Article 28. Liquidation of a partnership
1. Upon liquidation of a partnership, the property of common use of the partnership, with the exception of immovable property of common use owned by the partnership and remaining after the satisfaction of creditors' claims, shall be transferred to the owners of garden or garden plots of land located within the boundaries of the horticulture or horticulture area, in proportion to their area, regardless of whether these persons were members of the partnership.
2. Immovable property of common use, located within the boundaries of the territory of horticulture or horticulture, may not be levied. Upon liquidation of the partnership, such property owned by the partnership is transferred free of charge to the common shared ownership of the owners of garden or garden plots of land located within the boundaries of the territory of horticulture or horticulture, in proportion to their area, regardless of whether these persons were members of the partnership.
3. In case of non-compliance with the requirement for the number of members of the partnership established by Part 2 of Article 16 of this Federal Law, the partnership may be liquidated by a court decision at the suit of the state authority of the constituent entity of the Russian Federation or the local government at the location of the territory of horticulture or horticulture, the owner of the land or in the cases established by Part 11 of Article 12 of this Federal Law, the owner of a garden or garden plot of land located within the boundaries of a horticultural or horticultural area.
Chapter 9. Final Provisions
Article 29
In paragraph ten of Article 2 of the Law of the Russian Federation of April 19, 1991 No. 1032-I "On Employment in the Russian Federation" (as amended by the Federal Law of April 20, 1996 No. 36-FZ) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR , 1991, No. 18, item 565; Collected Legislation of the Russian Federation, 1996, No. 17, item 1915; 1998, No. 30, item 3613; 1999, No. 29, item 3696; 2002, No. 30, item 3033 ; 2003, No. 2, article 160; 2006, No. 1, article 10; 2007, No. 1, article 21; 2009, No. 52, article 6443; 2012, No. 53, article 7653; 2013, No. 27 , item 3477; 2016, No. 11, item 1493) the word "dacha" shall be deleted.
Article 30
Include in the Law of the Russian Federation of May 15, 1991 No. 1244-I "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" (as amended by the Law of the Russian Federation of June 18, 1992 No. 3061-I) (Vedomosti of the Congress of People's Deputies RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 21, item 699; Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, No. 32, item 1861; Collection of Legislation of the Russian Federation, 1995, No. 48, item 4561; 1999, No. 16, item 1937; 2000, No. 33, item 3348; 2001, No. 7, item 610; 2003, No. 43, item 4108; 2004, No. 35, item 3607; 2005, No. 1, 25; 2008, No. 52, 6236; 2009, No. 30, 3739; 2011, No. 23, 3270; No. 29, 4297; No. 47, 6608; 2013, No. 19, 2331; No. 27, article 3477; 2014, No. 26, article 3406; No. 40, article 5322; 2015, No. 27, article 3967; No. 48, article 6724; 2016, No. 52, article 7510) the following changes:
1) in paragraph 8 of the first part of Article 14, the words "gardening partnerships (cooperatives), extraordinary acquisition of garden houses or materials for their construction" shall be replaced by the words "extraordinary acquisition of garden land plots and garden land plots";
2) in paragraph 2 of part three of Article 15 the words "horticultural partnerships (cooperatives)" shall be replaced by the words "extraordinary acquisition of garden land plots and garden land plots".
Article 31
Include in the Law of the Russian Federation of February 21, 1992 No. 2395-I "On Subsoil" (as amended by the Federal Law of March 3, 1995 No. 27-FZ) (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 16 , item 834; Collected Legislation of the Russian Federation, 1995, No. 10, item 823; 1999, No. 7, item 879; 2000, No. 2, item 141; 2001, No. 21, item 2061; No. 33, item 3429; 2002, No. 22, article 2026; 2003, No. 23, article 2174; 2004, No. 35, article 3607; 2006, No. 44, article 4538; 2007, No. 27, article 3213; No. 49 , item 6056; 2008, No. 18, item 1941; No. 29, item 3418, 3420; 2009, No. 1, item 17; No. 29, item 3601; 2010, No. 31, item 4155; 2011, No. 15, item 2018, 2025; No. 30, item 4570; No. 49, item 7042; No. 50, item 7343, 7359; 2012, No. 53, item 7648; 2013, No. 30, item 4060; No. 52, items 6961, 6973; 2014, No. 26, item 3377; No. 30, item 4262; 2015, No. 1, items 11, 12; No. 27, item 3996; No. 29, item 4350; 2016, No. 15, Article 2006; No. 27, Article 4212) the following changes:
1) Clause 3 of part one of Article 2 3 shall be supplemented with the words ", as well as for the purposes of domestic water supply of horticultural non-profit partnerships and (or) horticultural non-profit partnerships";
2) Paragraph 6 of Article 10 1 shall be supplemented with the following paragraph:
"granting the right to use a subsoil plot of local importance for the extraction of groundwater used for the purposes of domestic water supply of horticultural non-profit partnerships and (or) horticultural non-profit partnerships;";
3) the first part of Article 18 after the words "and their production," to add the words "for the extraction of groundwater used for domestic water supply of horticultural non-profit partnerships and (or) horticultural non-profit partnerships,";
4) supplement Article 19 2 with the following content:
"Article 19 2. Extraction of groundwater by horticultural non-profit partnerships and (or) horticultural non-profit partnerships
A horticultural non-profit partnership and (or) a horticultural non-profit partnership (hereinafter referred to as a partnership for the purposes of this article) have the right to carry out, in the manner established by laws and other regulatory legal acts of the constituent entities of the Russian Federation, the extraction of groundwater for the purposes of household water supply of partnerships.
Under the use of groundwater for domestic water supply of partnerships for the purposes of this Law is understood as their use by partnerships and right holders of garden or vegetable garden plots located within the boundaries of the territory of gardening or horticulture by citizens for their own needs, for personal, household and other purposes not related to the implementation of entrepreneurial activities of needs in order to conduct horticulture or horticulture and create favorable conditions for this, as well as ensure the development of land plots located within the boundaries of the territory of horticulture or horticulture by citizens for their own needs.
The extraction of groundwater for the purposes of domestic water supply of partnerships is carried out without conducting a geological study of the subsoil, conducting a state examination of mineral reserves, geological, economic and environmental information on the subsoil plots provided for use, coordinating and approving technical projects and other project documentation for the performance of work, associated with the use of subsoil, as well as without providing evidence that the partnerships have or will have qualified specialists, the necessary financial and technical means for the efficient and safe performance of work. The extraction of groundwater for the purposes of household water supply of partnerships must be carried out in compliance with the rules for the protection of groundwater bodies, as well as the basic requirements for the rational use and protection of subsoil.
Article 32
In paragraph 4 of Article 5 of the Law of the Russian Federation of January 15, 1993 No. 4301-I "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 7 , Article 247; Collection of Legislation of the Russian Federation, 1996, No. 32, Article 3838; 2001, No. 29, Article 2953; 2005, No. 30, Article 3133; 2007, No. 27, Article 3213; 2011, No. 50 , article 7359; 2017, No. 27, article 3949) the words "dacha economy," shall be excluded.
Article 33
Include in the first part of the Civil Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1994, No. 32, Art. 3301; 2006, No. 45, Art. 4627; 2011, No. 50, Art. 7335; 2014, No. 19, Art. 2304; 2015, No. 21, Article 2985; No. 29, Article 4394; 2016, No. 27, Article 4169; 2017, No. 7, Article 1031) the following changes:
1) in paragraph 3 of Article 50:
a) in subparagraph 1, the words "gardening, gardening and dacha consumer cooperatives," shall be deleted;
b) subparagraph 4 shall be supplemented with the words "horticultural or horticultural non-profit partnerships";
2) in paragraph 1 of Article 123 12, the words "cottage houses, horticultural, gardening or suburban land plots" shall be replaced by the words "garden houses, garden or garden plots of land";
3) in Article 123 13:
a) in paragraph 2 the words "as well as objects of common use in horticultural, horticultural and dacha non-commercial partnerships belong to the members of the respective" shall be replaced by the words "belong to the members";
b) add paragraph 2 1 of the following content:
"2 1. Common property in a horticultural or horticultural non-profit partnership belongs on the basis of the right of common shared ownership to persons who are owners of land plots located within the boundaries of the territory of gardening or horticulture for their own needs by citizens, unless otherwise provided by law.";
c) clause 3 shall be stated as follows:
"3. A share in the right of common ownership of common property in an apartment building of the owner of premises in this house, a share in the right of common ownership of common use property located within the boundaries of the territory of gardening or horticulture for their own needs by citizens, the owner of a garden or garden plot of land shall follow the fate of the ownership of the said premises or land.
Article 34
Include in Federal Law No. 5-FZ of January 12, 1995 "On Veterans" (as amended by Federal Law No. 40-FZ of January 2, 2000) (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 3, Art. 168; 2000, No. 2, item 161; No. 19, item 2023; 2002, No. 30, item 3033; 2004, No. 25, item 2480; No. 35, item 3607; 2005, No. 1, item 25; No. 19, 1748; 2009, No. 26, 3133; No. 29, 3623; No. 30, 3739; No. 52, 6403; 2010, No. 19, 2287; No. 27, 3433; No. 30, item 3991; No. 31, item 4206; No. 50, item 6609; 2011, No. 47, item 6608; 2013, No. 27, item 3477; No. 48, item 6165; 2015, No. 27 , Article 3967; No. 48, Article 6724; 2016, No. 22, Article 3097; No. 27, Article 4189) the following changes:
1) in subparagraph 7 of paragraph 1 of Article 14 the words "horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden plots of land or garden plots of land";
2) in subparagraph 9 of paragraph 1 of Article 15, the words "horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden plots of land or garden plots of land";
3) in Article 16:
a) in subparagraph 7 of paragraph 1, the words "gardening, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden land plots or garden land plots";
b) in subparagraph 3 of paragraph 2 the words "advantage in admission to horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden land plots or garden land plots";
c) in subparagraph 2 of paragraph 3, the words "advantage in admission to horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden land plots or garden land plots";
4) in subparagraph 3 of Article 17, the words "horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden plots of land or garden plots of land";
5) in subparagraph 5 of paragraph 1 of Article 18, the words "horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden plots of land or garden plots of land";
6) subparagraph 3 of paragraph 1 of Article 19 shall be amended as follows:
"3) the priority right to acquire garden plots of land or garden plots of land;";
7) in subparagraph 3 of paragraph 1 of Article 21, the words "horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "primary right to acquire garden land plots or garden land plots".
Article 35
Subparagraph "d" of paragraph 2 of Article 15 of the Federal Law of March 14, 1995 No. 33-FZ "On Specially Protected Natural Territories" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 12, Art. 1024; 2004, No. 35, Art. 3607; 2005, No. 1, article 25; 2006, No. 50, article 5279; 2008, No. 49, article 5748; 2011, No. 30, article 4590; No. 49, article 7043; 2013, No. 52, article 6971) shall be amended as follows:
"d) provision in the territories of national parks of land plots for horticulture and horticulture, individual garage or individual housing construction;".
Article 36
In part of the sixteenth article 17 of the Federal Law of November 24, 1995 No. 181-FZ "On the social protection of disabled people in the Russian Federation" (Collected Legislation of the Russian Federation, 1995, No. 48, Art. 4563; 2005, No. 1, Art. 25; 2008 , No. 30, item 3616; 2012, No. 30, item 4175; 2014, No. 49, item 6928; 2015, No. 27, item 3967; No. 48, item 6724; 2016, No. 1, item 19 ) the words "and dacha" shall be deleted.
Article 37
Include in the Federal Law of December 8, 1995 No. 193-FZ "On Agricultural Cooperation" (Collected Legislation of the Russian Federation, 1995, No. 50, Art. 4870; 1999, No. 8, Art. 973; 2003, No. 24, Art. 2248 ; 2006, No. 45, article 4635; 2015, No. 48, article 6724) the following changes:
1) in Article 4:
a) in paragraph 2 the words "horticultural, horticultural" shall be replaced by the word "crop";
b) in paragraph 7 the words "Gardening, gardening" shall be replaced by the word "Crop growing";
c) in paragraph 13 the words "horticultural, horticultural" shall be replaced by the word "crop";
2) in the first paragraph of clause 2 of Article 13 the words "horticulture, horticulture" shall be replaced by the word "plant growing".
Article 38
In paragraph 3 of Article 1 of Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" (Collected Legislation of the Russian Federation, 1996, No. 3, Art. 145; 1998, No. 48, Art. 5849; 2006, No. 3, Article 282; 2007, No. 49, Article 6039; 2010, No. 19, Article 2291; 2012, No. 30,
Art. 4172; 2015, no. 48, art. 6707; 2016, no. 5, art. 559; No. 27, art. 4169) the words "housing, horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "real estate, including associations of homeowners, horticultural and horticultural non-profit partnerships".
Article 39
Include in the Federal Law of July 16, 1998 No. 102-FZ "On Mortgage (Pledge of Real Estate)" (Collected Legislation of the Russian Federation, 1998, No. 29, Art. 3400; 2002, No. 7, Art. 629; 2004, No. 6, 406; 2005, No. 1, 42; 2006, No. 52, 5498; 2007, No. 50, 6237; 2009, No. 1, 14; No. 29, 3603; 2010, No. 25, Article 3070; 2011, No. 50, Article 7347; 2016, No. 27, Article 4248, 4294) the following changes:
1) in subparagraph 4 of paragraph 1 of Article 5 the word "dachas," shall be deleted;
2) in subparagraph 6 of paragraph 5 of Article 55 the words "dacha economy," shall be excluded;
3) in paragraph 3 of Article 74 the words "dachas, garden houses" shall be replaced by the words "garden houses".
Article 40
Submit to the Land Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, No. 44, Art. 4147; 2003, No. 27, Art. 2700; 2004, No. 27, Art. 2711; No. 52, Art. 5276; 2005, No. 10 , item 763; No. 30, item 3122; 2006, No. 23, item 2380; No. 50, item 5279; 2007, No. 21, item 2455; No. 26, item 3075; 2008, No. 30, item 3597; 2009, No. 30, item 3735; 2011, No. 27, item 3880; No. 30, item 4562; No. 50, item 7366; No. 51, item 7446; 2013, No. 14, item 1663 ; No. 27, item 3477; No. 52, item 6971; 2014, No. 26, item 3377; No. 30, item 4218, 4225, 4235; No. 43, item 5799; 2015, No. 1, item 40 52; No. 10, pp. 1418; No. 17, pp. 2477; No. 27, pp. 3997; No. 29, pp. 4339, 4350, 4378; 2016, No. 1, pp. 80; No. 18, pp. 2495 ; No. 26, items 3875, 3890; No. 27, items 4267, 4269, 4282, 4287, 4294, 4298, 4306; 2017, No. 27, item 3940) the following changes:
1) subparagraph 2 of paragraph 3 of Article 11 3 shall be stated as follows:
"2) from a land plot provided to a horticultural or horticultural non-profit partnership;";
2) in paragraph 4 of Article 11 4, the words "a non-profit organization created by citizens for gardening, horticulture, dacha farming" shall be replaced by the words "a horticultural or horticultural non-profit partnership", the words "horticulture, horticulture or dacha construction" shall be replaced by the words "horticulture or gardening ";
3) in paragraph 8 of Article 11 10 the words "dacha economy," shall be deleted;
4) in paragraph 7 of Article 27 the words "garden, garden, country" shall be replaced by the words "garden or garden";
5) in paragraph 2 of Article 39 3:
"3) land plots formed from a land plot provided to a horticultural or horticultural non-profit partnership, with the exception of general-purpose land plots, to members of such a partnership;";
b) subparagraph 5 shall be declared invalid;
c) in subparagraph 10, the words "dacha economy," shall be deleted;
6) Subparagraph 3 of Article 39 5 shall be stated as follows:
"3) a land plot formed in accordance with the project of land surveying of the territory and being a general-purpose land plot located within the territory of gardening or horticulture for their own needs by citizens, into common shared ownership by persons who are owners of land plots located within the boundaries of such territory, in proportion to the area of these plots;";
7) in Article 39 6:
a) in paragraph 2:
subparagraphs 7 and 8 shall be stated as follows:
"7) a garden or garden plot of land formed from a land plot provided to a horticultural or horticultural non-profit partnership, with the exception of general-purpose land plots, to members of such a partnership;
8) a land plot limited in circulation, which is a general-purpose land plot, located within the territory of gardening or horticulture for their own needs by citizens, citizens who are the right holders of garden or garden land plots within the boundaries of such territory with a plurality of persons on the side of the tenant (in the case if the need to provide the specified land plot to such citizens is provided for by a decision of the general meeting of members of a horticultural or horticultural non-profit partnership that manages common property within the boundaries of such a territory);";
add subparagraph 8 1 of the following content:
"8 1) a land plot formed as a result of the division of a land plot limited in circulation, provided to a legal entity for the integrated development of the territory for the purpose of individual housing construction and being a general-purpose land plot, to such a legal entity;";
in subparagraph 15 the words "dacha economy," shall be deleted;
b) in subparagraph 2 of paragraph 3 the words "or dacha economy" shall be deleted;
8) in Article 39 8:
a) Clause 5 shall be declared invalid;
b) in paragraph 8:
in subparagraph 4 the words "or dacha management" shall be deleted;
in subparagraph 5, the words "or dacha management" shall be deleted;
c) in paragraph 10, the words "or dacha management" shall be deleted;
9) in Article 39 10:
a) subparagraph 11 of paragraph 2 shall be stated as follows:
"11) horticultural or horticultural non-profit partnerships for a period not exceeding five years;";
b) in paragraph 4 the words "a land plot for horticulture concluded with a non-profit organization created by citizens" shall be replaced by the words "a land plot concluded with a horticultural non-profit partnership," the words "this non-profit organization" shall be replaced by the words "this partnership";
c) in paragraph 5 the words "a land plot for gardening, concluded with a non-profit organization created by citizens" shall be replaced by the words "a land plot concluded with a gardening non-profit partnership," the words "this non-profit organization" shall be replaced by the words "this partnership";
d) add paragraphs 6 and 7 as follows:
"6. The maximum size of a land plot that is in state or municipal ownership, which is the subject of an agreement for gratuitous use concluded with a horticultural or horticultural non-profit partnership, cannot exceed the area calculated as the sum of the area of land plots that will be formed to provide members of a horticultural or horticultural partnership non-profit partnership, and the area of general purpose land plots.
7. In order to determine the maximum size of a land plot specified in paragraph 6 of this article, the area of land plots that will be formed to provide members of a horticultural or horticultural non-profit partnership is determined as the product of the number of members of such a partnership and the established maximum size of the said land plots. The area of general-purpose land plots is determined in the amount of twenty to twenty-five percent of the area of land plots that will be formed to provide members of a horticultural or horticultural non-profit partnership, determined in accordance with the rules provided for in this paragraph.
10) in Article 39 11:
a) in subparagraph 4 of paragraph 3, the words "or dacha management" shall be deleted;
b) in subparagraph 4 of paragraph 8, the words "or dacha management" shall be deleted;
c) in the first paragraph of clause 10, the words "or dacha management" shall be deleted;
d) in clause 15 the words "or dacha management" shall be deleted;
e) in the second paragraph of clause 16, the words "or dacha management" shall be deleted;
e) in paragraph 21:
in subparagraph 4 the words "or dacha management" shall be deleted;
subparagraph 10 shall be amended as follows:
"10) on the amount of the annual rent when a land plot is leased to a legal entity for the integrated development of the territory, with the exception of the first lease payment, the amount of which is determined by the results of the auction for the right to conclude a lease agreement for the land plot for the integrated development of the territory. At the same time, the amount of the annual rental payment, if the subject of the auction is the amount of the first lease payment, is determined in the manner established for determining the rent for land plots in state or municipal ownership, without bidding.";
11) in the second paragraph of clause 17 of Article 39 12, the words "or dacha management" shall be deleted;
12) in paragraph 2 of Article 39 13 the words "dacha economy," shall be deleted;
13) in paragraph 8 of Article 39 14 the words ", dacha economy" shall be deleted;
14) subparagraph 6 of paragraph 2 of Article 39 15 shall be stated as follows:
"6) a register of members of such a partnership prepared by a horticultural or horticultural non-profit partnership if an application has been submitted for preliminary approval of the provision of a land plot or for the provision of a land plot for free use by such a partnership.";
15) in Article 39 16:
a) subparagraph 3 shall be stated in the following wording:
"3) the land plot specified in the application for the provision of a land plot was formed as a result of the division of a land plot provided to a horticultural or horticultural non-profit partnership, with the exception of cases when such an application is made by a member of this partnership (if such a land plot is a garden or garden plot) or owners of land plots located within the boundaries of the territory of gardening or horticulture for their own needs by citizens (if the land plot is a general-purpose land plot);";
b) add subparagraph 3 1 of the following content:
"3 1) the land plot indicated in the application for the provision of a land plot has been provided to a non-profit organization for the integrated development of the territory for the purpose of individual housing construction, except for cases when a member of this organization or this organization has filed an application, if the land plot is a land plot for the general use of this organization; ";
c) in subparagraph 13, the words ", dacha economy" shall be deleted;
d) subparagraph 16 shall be stated in the following wording:
"16) the area of the land plot indicated in the application for granting the land plot to a horticultural or horticultural non-profit partnership exceeds the limit established by paragraph 6 of Article 39 10 of this Code;";
16) in Article 39 18:
a) in the name of the word "dacha economy," to exclude;
b) in paragraph 1, the words "dacha economy," shall be deleted;
17) in subparagraph 3 of paragraph 1 of Article 39 28 the words "dacha economy," shall be deleted;
18) Article 79 shall be supplemented with paragraph 6 of the following content:
"6. Agricultural land may not be included in the boundaries of the territory of gardening by citizens for their own needs, as well as used for the construction of garden houses, residential buildings, outbuildings and garages on a garden plot.";
19) Paragraph three of paragraph 4 of Article 93 shall be stated as follows:
"The executive bodies of state power and local self-government bodies, provided for in Article 39 2 of this Code, must take the necessary measures to provide land plots to meet the needs of the population in the development of horticulture and horticulture, agricultural production, and housing construction outside the closed administrative-territorial formation.";
20) subparagraph 1 of paragraph 7 of Article 95 shall be amended as follows:
"1) provision of land plots for horticulture, horticulture, individual garage or individual housing construction;".
Article 41
Include in Article 3 of the Federal Law of October 25, 2001 No. 137-FZ "On the Enactment of the Land Code of the Russian Federation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 44, Art. 4148; 2003, No. 28, Art. 2875; No. 50, Article 4846; 2004, No. 41, Article 3993; 2005, No. 1, Article 17; No. 25, Article 2425; 2006, No. 1, Article 3, 17; No. 17, Article 1782; No. 27, Article 2881; No. 52, Article 5498; 2007, No. 7, Article 834; No. 31, Article 4009; No. 43, Article 5084; No. 46, Article 5553; No. 48, Article 5812; 2008, No. 30, item 3597; 2009, No. 19, item 2281; No. 29, item 3582; No. 52, item 6418, 6427; 2011, No. 1, item 47; No. 13, item 1688; No. 30, item 4562; No. 49, item 7027; No. 51, item 7448; 2012, No. 27, item 3587; No. 53, item 7614, 7615; 2013, No. 23, item 2881; No. 27 3477; No. 30, item 4072; 2014, No. 26, item 3377; 2015, No. 1, item 9; No. 24, item 3369; 2016, No. 22, item 3097; No. 27, item 4294, 4306; 2017, No. 25, item 3593; No. 27, item 3940) the following changes:
1) clause 2 1 shall be stated as follows:
"2 1. Paragraph 2 of this article does not apply to cases where land plots on the right of permanent (perpetual) use are provided:
non-profit organizations established before the date of entry into force of this Federal Law for horticulture, horticulture or dacha farming;
organizations under which, prior to the date of entry into force of this Federal Law, non-profit organizations were created (organized) for horticulture, horticulture or dacha farming, using such land plots;
garage consumer cooperatives.
The re-registration of the right of permanent (perpetual) use of land plots by garage consumer cooperatives is carried out in the manner prescribed by Chapter V1 of the Land Code of the Russian Federation, and is not limited to a period.
Re-registration of the right to permanent (perpetual) use of land plots provided to legal entities specified in the second and third paragraphs of this paragraph must be carried out before January 1, 2024 in the manner established by this Federal Law.
2) clause 2 7 shall be stated as follows:
"2 7. Until December 31, 2020, members of non-profit organizations established before January 1, 2019 for gardening, horticulture or dacha farming, and members of horticultural or horticultural non-profit partnerships established through the reorganization of such non-profit organizations, have the right, regardless of the date of entry into members of these non-profit organizations to acquire a land plot intended for gardening, horticulture or dacha farming, without holding an auction for ownership free of charge, if such a land plot meets the following conditions in aggregate:
a land plot is formed from a land plot provided before the date of entry into force of this Federal Law for horticulture, horticulture or dacha farming by a non-profit organization specified in paragraph one of this clause, or another organization under which such a non-profit organization was created or organized;
by decision of the general meeting of members of the specified non-profit organization on the distribution of land plots between members of the specified non-profit organization or on the basis of another document establishing the distribution of land plots in the specified non-profit organization, the land plot is distributed to this member of the specified non-profit organization;
the land plot is not withdrawn from circulation, limited in circulation, and no decision has been made to reserve the land plot for state or municipal needs.
If the land plot specified in the second paragraph of this paragraph is a general-purpose land plot, the specified land plot is provided free of charge until December 31, 2020 to the common shared ownership of the owners of land plots located within the territory of gardening or gardening for their own needs by citizens in proportion to the area of such land plots.
If the land plots specified in paragraphs two and five of this clause are reserved for state or municipal needs or limited in circulation, they are provided to a member of the non-profit organization specified in paragraph one of this clause, or leased with a plurality of persons on the side of the tenant to owners of land plots located within the boundaries of the territory of gardening or horticulture for their own needs by citizens. At the same time, the amount of the rent is determined in the amount not exceeding the amount of the land tax established in relation to such a land plot.";
3) clause 2 8 shall be stated as follows:
"2 8. In the case provided for by paragraph 2 7 of this article, the provision of a land plot to a citizen for ownership or lease is carried out on the basis of a decision of the executive body of state power or local government, provided for in Article 39 2 of the Land Code of the Russian Federation, on the basis of an application of a citizen or his representative.
the layout of the land plot on the cadastral plan of the territory, prepared by the citizen. Submission of this scheme is not required if there is an approved land surveying project within the boundaries of which the land plot is located or a project for organizing and developing the territory of a non-profit organization specified in paragraph one of clause 2 7 of this article, or if there is a description of the location of the boundaries of such a land plot in the Unified State Register real estate;
minutes of the general meeting of members of the non-profit organization specified in paragraph one of clause 2 7 of this article on the distribution of land plots between members of such a non-profit organization or another document establishing the distribution of land plots in this non-profit organization, or an extract from the said protocol or the said document.
In the event that none of the members of the non-profit organization specified in paragraph one of clause 2 7 of this article has previously applied for granting a land plot for ownership, the bodies specified in paragraph one of this clause independently request:
information on title documents for a land plot provided to the specified non-profit organization in the federal executive body authorized for state registration of rights to real estate, if such information is contained in the Unified State Register of Real Estate (in other cases, such information is requested from the applicant);
information about the specified non-profit organization contained in the unified state register of legal entities.";
4) clause 2 9 shall be stated as follows:
"2 9. In the case provided for by paragraph 2 7 of this article, the provision of ownership or lease of a general-purpose land plot is carried out on the basis of a decision of the executive body of state power or a local self-government body provided for in Article 39 2 of the Land Code of the Russian Federation, statements of land owners located within the boundaries of the territory of gardening or horticulture by citizens for their own needs, specified in paragraph five of clause 2 7 of this Article. :
approved land surveying project within the boundaries of which the land plot is located, or a project for the organization and development of the territory or a description of the location of the boundaries of such a land plot in the Unified State Register of Real Estate;
extracts from the decision of the general meeting of members of the non-profit organization specified in paragraph one of clause 2 7 of this article on the acquisition of a general-purpose land plot into the ownership of the owners of land plots located within the territory of gardening or gardening for their own needs by citizens;
constituent documents of the non-profit organization specified in the first paragraph of clause 2 7 of this article.
Information on title documents for a land plot provided to a non-profit organization specified in paragraph one of clause 27 of this article shall be requested by the executive body of state power or local government, provided for in Article 392 of the Land Code of the Russian Federation, in the federal executive body authorized for state registration of rights on real estate and transactions with it, if such information is contained in the Unified State Register of Real Estate (in other cases, the specified information is requested from the applicant).";
5) the first paragraph of clause 2 10 after the words "to own" shall be supplemented with the words "or for rent";
6) in paragraph 19 the words "horticultural, horticultural or dacha non-profit associations of citizens" shall be replaced by the words "non-profit organizations established before January 1, 2019 for horticulture, horticulture or dacha farming," the word "associations" shall be replaced by the word "organizations".
Article 42
In clause 2 of part 7 of Article 40 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 40, Art. 3822; 2004, No. 25, Art. 2484; 2005, No. 30, item 3104; 2006, No. 1, item 10; No. 8, item 852; No. 31, item 3427; 2007, No. 10, item 1151; No. 43, item 5084 ; No. 45, item 5430; 2008, No. 52, item 6229; 2009, No. 52, item 6441; 2011, No. 31, item 4703; No. 48, item 6730; No. 49, item 7039; 2014 , No. 22, item 2770; No. 26, item 3371; No. 52, item 7542; 2015, No. 10, item 1393; No. 27, item 3978; No. 45, item 6204; 2016, No. 1, Article 66; 2017, No. 15, Article 2139; No. 24, Article 3476) the words "horticultural, horticultural, dacha consumer cooperatives," shall be deleted.
Article 43
In clause 3 of part 1 of Article 17 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" (Collected Legislation of the Russian Federation, 2004, No. 31, Art. 3215; 2007, No. 10, Art. 1151; 2008, No. 13, article 1186; No. 52, article 6235; 2010, No. 5, article 459; 2011, No. 48, article 6730; 2013, No. 19, article 2329; 2014, No. 52, article 7542; 2015, No. 41, item 5639; 2017, No. 1, item 46; No. 15, item 2139) the words "horticultural, gardening, dacha consumer cooperatives," shall be deleted.
Article 44
Submit to the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 14; 2011, No. 23, Art. 3263; No. 49, Art. 7061; 2012, No. 24, Art. 3072; 2014, No. 30 , Articles 4218, 4256; 2015, No. 27, Article 3967; 2016, No. 27, Article 4294) the following changes:
1) Clause 5 of Part 1 of Article 56 after the words "land" shall be supplemented with the words "(except for garden land)";
2) in clause 2 of part 2 of Article 136, the words "cottage houses with or without household plots, garages and other objects," shall be deleted.
Article 45
Submit to the Town Planning Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 1, Art. 16; 2006, No. 1, Art. 21; No. 52, Art. 5498; 2007, No. 45, Art. 5417; 2008, No. 20 2251; No. 30, item 3616; 2009, No. 48, item 5711; No. 52, item 6419; 2010, No. 48, item 6246; 2011, No. 13, item 1688; No. 27, item 3880; No. 30, items 4563, 4572, 4591, 4594; No. 49, items 7015, 7042; 2012, No. 31, item 4322; No. 53, items 7614, 7619, 7643; 2013, No. 9, 873; No. 27, 3477; No. 30, 4080; No. 52, 6961, 6983; 2014, No. 14, 1557; No. 26, 3377; No. 43, 5799; 2015, No. 1, pp. 9, 11, 52, 86; No. 29, pp. 4342; No. 48, pp. 6705; 2016, No. 1, pp. 79; No. 27, pp. 4248, 4294, 4301, 4303 , 4306; No. 52, article 7494; 2017, No. 27, article 3932) the following changes:
1) in Article 35:
a) in part 3 the words "and dacha economy" shall be deleted;
b) in clause 2 of part 9 the words "dacha farming, horticulture" shall be replaced by the words "horticulture and horticulture";
c) in Part 10 the words "dacha farming, gardening" shall be replaced by the words "horticulture and horticulture";
2) Part 1 1 of Article 45 shall be supplemented with paragraph 5 of the following content:
"5) a horticultural or horticultural non-profit partnership in respect of a land plot provided to such a partnership for horticulture or horticulture.";
3) point 2 of part 5 1 of article 46 shall be stated as follows:
"2) territories within the boundaries of a land plot provided to a horticultural or horticultural non-profit partnership for horticulture or horticulture;";
4) in paragraph 1 of part 17 of Article 51 the words "on a land plot provided for gardening, dacha farming" shall be replaced by the words "of a garden house and outbuildings, determined in accordance with the legislation in the field of horticulture and horticulture, on a garden land plot".
Article 46
In part 16 1 of Article 65 of the Water Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 23, Art. 2381; 2008, No. 29, Art. 3418; 2011, No. 29, Art. 4281; No. 50, Art. 7359; 2013, No. 43, Article 5452; 2014, No. 26, Article 3387; 2015, No. 1, Article 11; No. 29, Article 4370) the words "gardening, horticultural or dacha non-profit associations of citizens" shall be replaced by the words "managed by citizens gardening or horticulture for one's own needs".
Article 47
Part 2 of Article 9 of the Federal Law of December 4, 2006 No. 201-FZ "On the Enactment of the Forest Code of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 50, Art. 5279; 2008, No. 30, Art. 3597, 3599 ) to read as follows:
"2. On the lands of the forest fund, it is prohibited to place territories for horticulture or horticulture by citizens for their own needs, the provision of forest plots for horticulture and horticulture, individual garage or individual housing construction.".
Article 48
In clause 3 of part 1 of article 14 of the Federal Law of March 2, 2007 No. 25-FZ "On municipal service in the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2007, No. 10, Art. 1152; 2008, No. 52, Art. 6235; 2011, No. 19, item 2709; No. 48, item 6730; 2014, No. 52, item 7342; 2016, No. 7, item 909; 2017, No. 15, item 2139) consumer cooperatives," delete.
Article 49
Include in the Federal Law of July 24, 2007 No. 221-FZ "On Cadastral Activities" (Collected Legislation of the Russian Federation, 2007, No. 31, Art. 4017; 2008, No. 30, Art. 3597; 2009, No. 29, Art. 3582 ; No. 52, item 6410; 2011, No. 50, item 7365; 2013, No. 30, item 4083; 2014, No. 26, item 3377; No. 52, item 7558; 2016, No. 18, item 2484 ; No. 27, item 4294) the following changes:
1) in Article 39:
a) in Part 4, the words "representative of members of a horticultural, gardening or dacha non-profit association of citizens - by the decision of the general meeting of members of this non-profit association or by the decision of the meeting of authorized representatives of this non-profit association (if the corresponding adjacent land plot is located within the territory of this non-profit association and belongs to the property of the general use)" shall be replaced by the words "a representative of a horticultural or horticultural non-profit partnership - by a decision of the general meeting of members of a horticultural or horticultural non-profit partnership (if the relevant adjacent land plot is located within the boundaries of the territory of gardening or horticulture by citizens for their own needs and is a general-purpose land plot)";
b) in clause 2 of part 8, the words "within the territory of a horticultural, horticultural or dacha non-profit association and refers to common use property" shall be replaced by the words "within the territory of gardening or horticulture conducted by citizens for their own needs and is a general-purpose land plot";
2) in Part 3 of Article 42 6 the words "in the territories of horticultural, horticultural or dacha non-profit associations of citizens," shall be replaced by the words "within the boundaries of the territory of gardening or horticulture for their own needs by citizens", the words "of such an association" shall be deleted, the words "of such an association "replace with the words "horticultural or horticultural non-profit partnership";
3) in Article 42 7:
a) in clause 3 of part 1 the words "of the governing bodies of horticultural, horticultural or dacha non-profit associations of citizens" shall be replaced by the words "within the boundaries of the territory of gardening or horticulture by citizens for their own needs";
b) in clause 1 of part 4 the words "If complex cadastral works are carried out on the territory of a horticultural, horticultural or summer cottage non-profit association of citizens, the name of such a non-profit association is additionally indicated." exclude;
4) in Part 2 of Article 42 8 the words "of a horticultural, horticultural or dacha non-profit association of citizens," shall be replaced by the words "citizens conduct gardening or horticulture for their own needs", the words "of such an association of citizens" shall be deleted, the words "of such an association of citizens" shall be replaced by the words " horticultural or horticultural non-profit partnership";
5) in Part 2 of Article 42 9, the words "in the territory of a horticultural, horticultural or dacha non-profit association of citizens" shall be replaced by the words "within the territory of gardening or horticulture by citizens for their own needs", the words "of such an association of citizens" shall be deleted, the words "of such an association of citizens "replace with the words "horticultural or horticultural non-profit partnership";
6) in part 3 of article 42 10 the words "chairmen of the boards of horticultural, horticultural or dacha non-profit associations of citizens, if complex cadastral work is carried out in relation to real estate objects located on the territories of such associations of citizens" shall be replaced by the words "a person authorized by the decision of the general meeting of members of the horticultural or horticultural non-profit partnership, if complex cadastral work is carried out in relation to real estate objects located within the territory of gardening or horticulture for their own needs by citizens.
Article 50
To introduce into the Federal Law of November 23, 2009 No. 261-FZ "On Energy Saving and Improving Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, No. 48, Art. 5711; 2011, No. 29, Article 4288; 2012, No. 26, Article 3446; 2015, No. 1, Article 19; No. 27, Article 3967; 2016, No. 27, Article 4202) the following changes:
1) in clause 4 of part 5 of article 11 the words "country houses," shall be deleted;
2) in Article 12:
a) in the title, the words "in horticultural, horticultural and dacha non-profit associations of citizens" shall be replaced by the words "in the territories where citizens conduct gardening or horticulture for their own needs";
b) in part 10 the words "use of horticultural, horticultural or dacha non-profit associations of citizens" shall be replaced by the words "use located within the boundaries of the territory of gardening or horticulture by citizens for their own needs";
c) in part 11 the words "use of horticultural, horticultural or dacha non-profit associations of citizens" shall be replaced by the words "use located within the boundaries of the territory of gardening or gardening by citizens for their own needs";
3) in Article 13:
a) in part 9 the words "country house or" shall be deleted;
b) in part 12 the words "country houses or" shall be excluded.
Article 51
Article 5 of the Federal Law of December 29, 2014 No. 459-FZ "On Amendments to the Law of the Russian Federation "On Subsoil" and Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 1, Art. 12) shall be supplemented with Part 3 the following content:
"3. Non-profit organizations established by citizens for horticulture, horticulture or dacha farming have the right to extract groundwater for the purposes of domestic water supply of these non-profit organizations until January 1, 2020 without obtaining a license for the use of subsoil.".
Article 52
Include in the Federal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate" (Collected Legislation of the Russian Federation, 2015, No. 29, Art. 4344; 2016, No. 18, Art. 2495; No. 23, Art. 3296; No. 26, Article 3890; No. 27, Articles 4248, 4284, 4294; 2017, No. 27, Article 3938) the following changes:
1) in clause 1 of part 2 of article 24 1 the words "a horticultural, horticultural or dacha non-profit association of citizens" shall be replaced by the words "the borders of the territory where citizens conduct gardening or horticulture for their own needs";
2) in Article 41:
a) in part 4 the words "a non-profit organization established by citizens for horticulture, horticulture, dacha farming" shall be replaced by the words "a horticultural or horticultural non-profit partnership";
b) in Part 7 the words "in a residential building (provided for by Federal Law No. 66-FZ of April 15, 1998 "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens")" shall be replaced by the words "in a garden house";
3) Part 1 of Article 42 shall be supplemented with a new second sentence of the following content: "State registration of the transfer of the right to a garden or garden plot of land located within the boundaries of the territory of horticulture or horticulture by citizens for their own needs, is at the same time the state registration of the transfer of the right to a share in the right of common ownership on common use property located within the boundaries of such a territory, if this property belongs to the owners of garden or garden plots of land located within the boundaries of such a territory on the basis of the right of common shared ownership.
4) in Article 49:
a) in the name the word ", country" shall be deleted;
b) in the first paragraph of part 1 the word "country" shall be deleted;
5) Article 70 shall be supplemented with part 10 of the following content:
"10. By January 1, 2024, the preparation of a technical plan for the purpose of carrying out state cadastral registration and (or) state registration of rights in relation to buildings, structures belonging to public property and created before the date of entry into force of the Town Planning Code of the Russian Federation, is carried out on the basis of a declaration drawn up and certified by the chairman of a horticultural or horticultural non-profit partnership, and a document of title to a general-purpose land plot on which such buildings, structures are located. permission for the construction and (or) permission for the commissioning of such buildings, structures, as well as other documents is not required.".
Article 53
Recognize invalid:
1) Federal Law of April 15, 1998 No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 16, Art. 1801);
2) Federal Law No. 137-FZ of November 22, 2000 "On Amendments and Additions to the Federal Law "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2000, No. 48, Art. 4632);
3) Clause 32 of Article 2 of Federal Law No. 31-FZ of March 21, 2002 "On Bringing Legislative Acts in Line with the Federal Law "On State Registration of Legal Entities" (Collected Legislation of the Russian Federation, 2002, No. 12, Article 1093);
4) Article 16 of the Federal Law of December 8, 2003 No. 169-FZ "On Amendments to Certain Legislative Acts of the Russian Federation, as well as on the Recognition of Legislative Acts of the RSFSR as invalid" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 50, Art. 4855 );
5) Article 99 of the Federal Law of August 22, 2004 No. 122-FZ "On Amendments to the Legislative Acts of the Russian Federation and the Recognition of Certain Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws" On the Introduction of Amendments and Additions to the Federal Law "On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" and "On General Principles of Organization of Local Self-Government in the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, No. 35, Art. 3607);
6) Article 4 of the Federal Law of June 30, 2006 No. 93-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Registration in a Simplified Procedure of the Rights of Citizens to Certain Real Estate Objects" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 27, 2881);
7) Article 31 of the Federal Law of June 26, 2007 No. 118-FZ "On Amendments to the Legislative Acts of the Russian Federation in Part of Bringing Them in Line with the Land Code of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, No. 27, Art. 3213 );
8) Article 3 of the Federal Law of May 13, 2008 No. 66-FZ "On Amendments to Certain Legislative Acts of the Russian Federation and the Recognition of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation as invalid in connection with the adoption of the Federal Law "On the State Cadastre of Real Estate "(Collected Legislation of the Russian Federation, 2008, No. 20, Art. 2251);
9) Article 31 of the Federal Law of December 30, 2008 No. 309-FZ "On Amendments to Article 16 of the Federal Law "On Environmental Protection" and Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, No. 1, art. 17);
10) Article 24 of the Federal Law of July 1, 2011 No. 169-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2011, No. 27, Art. 3880);
11) Article 5 of the Federal Law of December 7, 2011 No. 417-FZ "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On Water Supply and Sanitation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2011, No. 50, art. 7359);
12) Article 2 of the Federal Law of May 7, 2013 No. 90-FZ "On Amendments to Article 16 of the Federal Law "On Banks and Banking Activities" and the Federal Law "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens" (Collected Legislation of the Russian Federation , 2013, No. 19, item 2317);
13) Clause 21 of Article 1 (with regard to subclause 5 of clause 2 of Article 39 3 and clause 5 of Article 39 8 of the Land Code of the Russian Federation) and Article 6 of Federal Law No. 171-FZ dated June 23, 2014 "On Amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2014, No. 26, art. 3377);
14) Article 14 of the Federal Law of October 14, 2014 No. 307-FZ "On Amendments to the Code of the Russian Federation on Administrative Offenses and Certain Legislative Acts of the Russian Federation and on the Recognition of Certain Provisions of Legislative Acts of the Russian Federation as Invalid in Connection with the Clarification of the Powers of State Bodies and municipal authorities in terms of exercising state control (supervision) and municipal control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2014, No. 42, Art. 5615);
15) Article 4 of the Federal Law of December 29, 2014 No. 458-FZ "On Amendments to the Federal Law "On Production and Consumption Wastes", Certain Legislative Acts of the Russian Federation and Recognizing Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation as invalid (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2015, No. 1, art. 11);
16) Article 7 of the Federal Law of December 31, 2014 No. 499-FZ "On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2015, No. 1, Art. 52);
17) Article 5 of the Federal Law of January 31, 2016 No. 7-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2016, No. 5, Art. 559);
18) Federal Law of July 3, 2016 No. 337-FZ "On Amendments to the Federal Law "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2016, No. 27, Art. 4270).
Article 54. Transitional provisions
1. Reorganization of non-profit organizations created by citizens for horticulture, horticulture or dacha farming before the day this Federal Law enters into force is not required, except for the cases established by this article.
2. From the date of entry into force of this Federal Law, the provisions of this Federal Law on horticultural non-profit partnerships shall apply to horticultural or dacha non-profit partnerships created prior to the date of entry into force of this Federal Law until their charters are brought into line with Articles 1-28 of this Federal Law.
3. From the date of entry into force of this Federal Law, the provisions of this Federal Law on gardening non-profit partnerships shall apply to gardening non-profit partnerships established before the date of entry into force of this Federal Law until their charters are brought into line with Articles 1-28 of this Federal Law.
4. Horticultural or horticultural cooperatives created prior to the entry into force of this Federal Law must be transformed into partnerships of real estate owners or must bring their charters in line with the legislation of the Russian Federation on agricultural cooperation upon their first change in the event that their members take a decision to carry out activities for production, processing and marketing of crop products or other activities not related to horticulture and horticulture on garden or garden plots.
5. Constituent documents, as well as the names of the organizations specified in Part 1 of this Article, shall be brought into line with Articles 1-28 of this Federal Law upon the first change in the constituent documents of these organizations. The constituent documents of the said organizations, until they are brought into conformity with Articles 1-28 of this Federal Law, shall be valid to the extent that they do not contradict this Federal Law.
6. Changes in the names of organizations specified in Part 1 of this Article in connection with their bringing into line with Articles 1-28 of this Federal Law do not require amendments to title and other documents containing their former names. Such changes can be made at the request of interested parties.
7. For the purposes of application in this Federal Law, other federal laws and other regulatory legal acts adopted in accordance with them, such types of permitted use of land plots as "garden land", "for gardening", "for gardening", "dacha plot of land", "for dacha management" and "for dacha construction", contained in the Unified State Register of Real Estate and (or) indicated in title or other documents, are considered equivalent. Land plots for which such types of permitted use are established are garden land plots. The provisions of this part do not apply to land plots with the type of permitted use "horticulture" intended for horticulture, which is a type of agricultural production associated with the cultivation of perennial fruit and berry crops, grapes and other perennial crops.
8. For the purposes of application in this Federal Law, other federal laws and other regulatory legal acts adopted in accordance with them, such types of permitted use of land plots as "garden land", "for gardening" and "for gardening", contained in Unified State Register of Real Estate and (or) specified in title or other documents are considered equivalent. Land plots for which such types are established
permitted use are garden plots.
9. Buildings located on garden land plots, information about which was entered in the Unified State Register of Real Estate prior to the date of entry into force of this Federal Law with the designation "residential", "residential building", are recognized as residential buildings. At the same time, replacement of previously issued documents or amendments to such documents, records of the Unified State Register of Real Estate in terms of the names of these real estate objects is not required, but this replacement can be carried out at the request of their right holders.
10. In the event that buildings, structures located on garden plots of land, information about which is entered in the Unified State Register of Real Estate before the date of entry into force of this Federal Law with the designation "residential", "residential building", belong to citizens who, on the day of entry into force by virtue of this Federal Law are registered as requiring residential premises, the recognition of these buildings as residential buildings in accordance with Part 9 of this Article is not a basis for including their total area when determining the level of provision with the total area of residential premises in the total total area of \u200b\u200bresidential premises, occupied by a citizen and (or) members of his family under social tenancy agreements, rental agreements for residential premises of the housing fund for social use and (or) owned by them.
11. Buildings and structures located on garden land plots, information about which was entered in the Unified State Register of Real Estate before the date of entry into force of this Federal Law with the designation "non-residential", seasonal use, intended for recreation and temporary stay of people, which are not utility buildings and garages are recognized as garden houses. At the same time, replacement of previously issued documents or amendments to such documents, records of the Unified State Register of Real Estate in terms of the names of these real estate objects is not required, but this replacement can be carried out at the request of their right holders.
12. A non-profit organization created by citizens prior to the date of entry into force of this Federal Law for horticulture or dacha farming, has the right to amend its charter, indicating in it the organizational and legal form "a partnership of property owners" and the type "a partnership of homeowners" in the event compliance with the norms of the housing legislation of the Russian Federation governing the creation of a homeowners association, and at the same time compliance with the following conditions:
1) land plots formed as a result of the division of a land plot provided to such a non-profit organization are located within the boundaries of a settlement;
2) residential buildings are located on all land plots formed from the land plot provided to such a non-profit organization.
13. The change in the charter of a non-profit organization specified in part 12 of this article is allowed after changing the type of permitted use of the indicated land plots to the type of permitted use that provides for individual housing construction.
14. The common use property of the organizations specified in Part 1 of this Article shall be recognized as the common use property of horticultural or horticultural non-profit partnerships, except for the cases specified in Parts 4, 12 and 13 of this Article. Formed prior to the date of entry into force of this Federal Law, land plots related to the property of common use of organizations specified in Part 1 of this Article are general-purpose land plots.
15. The issue of the gratuitous transfer of common property of a horticultural or horticultural non-profit partnership, which is immovable property owned by the partnership by right of ownership, to the common shared ownership of persons who are owners of land plots located within the boundaries of the territory of gardening or horticulture for their own needs by citizens, should be submitted for consideration by the general meeting of members of the horticultural or horticultural non-profit partnership no later than January 1, 2024.
16. The right of collective joint ownership of citizens to land plots of general purpose of a horticultural or horticultural non-profit partnership is recognized as the right of common shared ownership of persons who are owners of land plots located within the boundaries of the territory of gardening or horticulture for their own needs by citizens, in proportion to the area of these plots.
17. Agreements on the use of infrastructure facilities and other common property of non-profit organizations specified in part 1 of this article, concluded with these organizations and persons engaged in horticulture and horticulture without participation in these organizations, remain valid for a year from the date of entry into force of this Federal Law, unless a shorter period is provided for by such an agreement or agreement of the parties. In this case, the fee provided for by Part 3 of Article 5 of this Federal Law shall not be paid before the expiration of such an agreement.
18. Provision of garden or vegetable plots of land owned by state or municipal property to citizens included before the date of entry into force of this Federal Law in the list of citizens approved by the local self-government body who submitted applications for the provision of such land plots is carried out in accordance with the rules provided for by the Land Code Russian Federation (as amended by this Federal Law). At the same time, the laws of the constituent entities of the Russian Federation and municipal legal acts may provide for measures aimed at providing support to such citizens in the creation of horticultural or horticultural non-profit partnerships, the provision of state or municipally owned land plots to these partnerships, as well as other measures to support these partnerships.
19. In the event that before the date of entry into force of this Federal Law in accordance with paragraph 3 of Article 39 11 of the Land Code of the Russian Federation, at the initiative of a state authority or local self-government body, a procedure has been initiated for the formation of a land plot for dacha farming for the purpose of its sale or provision for rent by holding an auction, the provision of such a land plot is carried out in accordance with the rules provided for by the Land Code of the Russian Federation (as amended, which was in force before the date of entry into force of this Federal Law).
20. In the event that prior to the date of entry into force of this Federal Law, a legal entity, in accordance with paragraph 4 of Article 39 11 of the Land Code of the Russian Federation, sent an application to a state authority or local self-government body for the provision of a land plot for dacha farming, the provision of such of a land plot is carried out in accordance with the rules provided for by the Land Code of the Russian Federation (as amended, which was in force before the date of entry into force of this Federal Law).
21. If, prior to the date of entry into force of this Federal Law, a citizen, in accordance with Article 3918 of the Land Code of the Russian Federation, sent an application to a state authority or local self-government body for preliminary approval of the provision of a land plot or for the provision of a land plot for dacha farming , the provision of such a land plot is carried out in accordance with the rules provided for by the Land Code of the Russian Federation (as amended, which was in force before the date of entry into force of this Federal Law).
22. In the event that before the date of entry into force of this Federal Law, a lease agreement has been concluded with a legal entity for a land plot that is in state or municipal ownership and intended for running a summer cottage, the formation of other land plots from such a land plot, as well as their provision, is carried out in accordance with the Land Code of the Russian Federation (as amended until the date of entry into force of this Federal Law).
23. A citizen who is a tenant of a state or municipally owned land plot has the right to conclude a new lease agreement for such a land plot without holding an auction if such a land plot was provided to the citizen as a result of an auction for dacha farming.
24. Changing the type of permitted use of individual garden or garden plots of land formed from a land plot provided to a horticultural or horticultural non-profit association of citizens created before the date of entry into force of this Federal Law (except in cases where such a non-profit association is liquidated or excluded from the unified state register legal entities as inactive) is not allowed.
25. Projects for the organization and development of territories of non-commercial organizations specified in Part 1 of this Article, as well as other documents on the basis of which land plots were distributed within the boundaries of such territories, approved prior to the date of entry into force of this Federal Law, are valid.
26. Territorial zones of dacha farming, as well as territories intended for dacha farming, as part of other territorial zones, established as part of the land use and development rules approved prior to the date of entry into force of this Federal Law, are considered, respectively, territorial gardening zones and gardening territories.
27. The entry into force of this Federal Law is not a basis for the adoption by state authorities or local governments of decisions providing for the abolition of state or municipal support measures introduced before the date of entry into force of this Federal Law.
28. If there is no approved territory planning documentation that defines the boundaries of the territory for gardening or horticulture by citizens for their own needs, the territory for gardening or horticulture for their own needs by citizens is determined:
1) in accordance with the project for the organization and development of the territory, approved at the request of the non-profit organization specified in paragraph 1 of this article, or another document, on the basis of which the distribution of garden or garden land plots among the members of the specified organization was carried out;
2) in the absence of the documents specified in clause 1 of this part, in accordance with the boundaries of the land plot provided before the date of entry into force of the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, gardening and country non-profit associations of citizens" of a non-profit organization specified in paragraph 1 of this article, or the organization under which the specified organization was created for the citizens to conduct horticulture, horticulture or dacha farming.
29. Citizens who are members of the non-profit organizations specified in Part 1 of this Article, until the day this Federal Law comes into force, retain their membership in these organizations after the day this Federal Law comes into force and the right to use public property located on the territory of the jurisdiction of citizens gardening or horticulture for own use, managed by the specified non-profit organization.
30. The entry into force of this Federal Law cannot be an independent basis for excluding citizens from the membership of non-profit organizations specified in Part 1 of this Article.
31. Entry fees paid before the date of entry into force of this Federal Law shall not be returned to citizens.
32. The right of ownership of citizens to economic buildings and structures, which are objects of capital construction, the construction of which was carried out on a garden plot of land and which are not unauthorized buildings, registered before the date of entry into force of this Federal Law, shall be preserved.
33. The register of members of non-profit organizations specified in Part 1 of this Article is recognized as the register of members of a horticultural or horticultural non-profit partnership provided for in Article 15 of this Federal Law.
Article 55
1. This Federal Law shall enter into force on January 1, 2019, with the exception of Article 51 of this Federal Law.
2. Article 51 of this Federal Law shall enter into force on the day of the official publication of this Federal Law.
3. The provisions of Part 3 of Article 5 of Federal Law No. 459-FZ dated December 29, 2014 "On Amendments to the Law of the Russian Federation "On Subsoil" and Certain Legislative Acts of the Russian Federation" shall apply to legal relations that arose prior to the date of entry into force of this Federal law.
President of the Russian Federation V. Putin
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT GARDENING, GARDENING AND COUNTRY
NON-PROFIT ASSOCIATIONS OF CITIZENS
State Duma
Federation Council
Chapter I. GENERAL PROVISIONS
Chapter II. FORMS OF GARDENING MANAGEMENT BY CITIZENS,
HORTICULTURE AND COUNTRY HOUSE
Chapter III. PROVISION OF LAND PLOTS FOR MANAGEMENT
GARDENING, HORTICULTURE AND COUNTRY HOUSE
Chapter IV. CREATION OF GARDENING, HORTICULTURAL
AND COUNTRY NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS
MEMBERS OF GARDENING, GARDENING AND COUNTRY
NON-PROFIT ASSOCIATIONS
Chapter V
AND COUNTRY NON-PROFIT ASSOCIATIONS
Chapter VI. FEATURES OF PROVISION OF OWNERSHIP
AND TURNOVER OF GARDEN, GARDEN AND COTTAGE PLOTS
Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY
GARDENING, GARDENING OR COUNTRY
NON-PROFIT ASSOCIATION
Article 32
1. The organization and development of the territory of a horticultural or dacha non-profit association, the division of a land plot provided to the relevant association, are carried out on the basis of a territory planning project and a territory surveying project.
The organization of the territory of a horticultural non-profit association, the division of the land plot provided to the relevant association, are carried out on the basis of a land surveying project.
The preparation and approval of the territory planning project and (or) the territory surveying project are carried out in accordance with the Town Planning Code of the Russian Federation. The draft planning of the territory and (or) the draft survey of the territory of a horticultural, horticultural or dacha non-profit association must be approved by the general meeting of members of the relevant association (meeting of authorized persons) before they are approved.
2. Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, garden or dacha land plots, with the exception of the construction of buildings, structures, structures, before the emergence of ownership of such land plots or their lease after their formation and distribution among the members of the relevant association on the basis of a decision of the general meeting of members of the relevant association (meeting of authorized persons).
Article 34
1. The erection of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the territory planning project and (or) the territory surveying project, as well as the town planning regulations.
2. State land supervision over compliance by citizens with the requirements established by land legislation for the use of land plots intended for horticulture, horticulture or dacha farming is carried out in accordance with land legislation.
3 - 5. Lost their power. - Federal Law of June 23, 2014 N 171-FZ.
Chapter VIII. SUPPORT FOR GARDENERS, GARDENERS,
COTTAGE RESIDENTS AND THEIR GARDENING, GARDENING AND COUNTRY
NON-PROFIT ASSOCIATIONS BY STATE AUTHORITIES
AUTHORITIES, LOCAL GOVERNMENT BODIES
AND ORGANIZATIONS
Article 35
1. Has expired. - Federal Law of August 22, 2004 N 122-FZ.
2. Federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies shall have the right to:
1) to introduce to the staff of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies specialists on the development of personal subsidiary and summer cottages, horticulture and horticulture;
2) has expired. - Federal Law of August 22, 2004 N 122-FZ;
3) to carry out educational and propaganda work in order to popularize gardening, horticulture or dacha farming;
4) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;
5) provide services through the system of state agrotechnical services for the supply of varietal seeds and planting material of agricultural crops, organic and mineral fertilizers, means of protecting crops from pests and diseases;
6) - 7) have become invalid. - Federal Law of August 22, 2004 N 122-FZ;
8) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
9) establish for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations the standards for payment for electricity, water, gas, telephone, determined for rural consumers.
3. Local self-government bodies have the right:
establish local tax incentives for contracting organizations, individual entrepreneurs engaged in the construction of public facilities in horticultural, horticultural and country non-profit associations;
introduce incentives to pay for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to orchard, garden or summer cottage land and back.
4. Executive authorities of the constituent entities of the Russian Federation, local self-government bodies, organizations have the right to:
1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;
2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;
3) provide funds for the engineering support of the territories of horticultural, horticultural and dacha non-profit associations up to fifty percent of the total estimated costs;
4) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;
5) to provide funds for land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements;
6) sell equipment and materials to gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures;
7) provide horticultural, horticultural and dacha non-profit associations with production and technical products of state and municipal organizations, waste from construction and other industries.
Local self-government bodies and organizations have the right to take on the balance of roads, power supply systems, gas supply, water supply, communications and other objects of horticultural, gardening and country non-profit associations.
5. State authorities, local self-government bodies and organizations have the right to support the development of horticulture, horticulture and dacha farming in other forms.
Article 36
1. Provision of subventions, reimbursement of expenses incurred by members of horticultural, horticultural and dacha non-profit associations for the engineering support of the territories of such associations, land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, and a rental fund are carried out in the manner established by Article 35 of this Federal Law.
2 - 3. Lost their power. - Federal Law of August 22, 2004 N 122-FZ.
4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures, provision of gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations with production and technical purposes of state and municipal organizations, waste from construction and other industries are established by the Government of the Russian Federation.
5. Admission to the balance sheet of local governments and organizations of roads, power supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, horticultural or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.
6. Norms of payment for the use of telephone communications, electric energy, gas for gardening, gardening and summer cottages, the introduction of benefits for paying for gardeners, gardeners, summer residents and their families on suburban passenger transport to garden, garden or summer cottage land and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
7. The procedure for providing premises, telephone facilities, office equipment, utilities to associations (unions) of horticultural, horticultural and dacha non-profit associations on preferential terms is established by local governments.
Article 37
1. The participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations is carried out by delegating representatives of such associations or their association (union) to meetings of state authorities or local authorities municipalities that make these decisions.
2. If it is necessary to make a decision regarding the rights and legitimate interests of members of a horticultural, horticultural or dacha non-profit association, the state authority or local self-government body is obliged to notify the chairman of the horticultural, horticultural or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.
3. If the decision of a public authority or a local government affects the interests of one or more members of a horticultural, horticultural or dacha non-profit association (laying engineering networks within the boundaries of the land plots of members of such an association, installation of power transmission line supports, etc.), a written consent of the owners is required (owners, users) of these land plots.
4. Participation of gardeners, gardeners, summer residents and their horticultural, gardening and country non-profit associations, associations (unions) of such associations in the preparation and adoption of decisions regarding the rights of gardeners, gardeners, summer residents and their gardening, gardening and country non-profit associations, associations (unions) ) of such associations may be carried out in other forms.
5. A decision of a state authority or a local self-government body that leads to a violation of the rights and legitimate interests of members of horticultural, horticultural and dacha non-profit associations may be appealed to a court.
Article 38
1. Assistance of state authorities and local governments to horticultural, horticultural or dacha non-profit associations is carried out by making appropriate decisions and concluding contracts on the basis of written requests from horticultural, horticultural or dacha non-profit associations.
2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, dacha residents and their horticultural, horticultural and dacha non-profit associations in the implementation of state registration or re-registration of rights to garden, garden or summer cottage land, buildings and structures located on them, manufacturing boundary plans for garden, vegetable garden and country plots of land in the manner and within the time limits established by law.
Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially unprotected groups of the population, have the right to apply to local governments with applications to reduce the fee for state registration or re-registration of rights to garden, vegetable garden or summer cottage land plots, buildings and structures located on them, the preparation of boundary plans for these sections. Local self-government bodies accept such applications for consideration if this issue is within their competence. Within a month from the date of registration of such an application, the local self-government body is obliged to make a decision and notify the applicant of the decision in writing.
3. Bodies of state power and bodies of local self-government are obliged to assist horticultural, horticultural and dacha non-profit associations in:
1) carrying out work on the construction and repair of roads, power lines, water supply and sanitation systems, gas supply, communications or connection to existing power lines, water supply and sanitation systems; organization of machine and technical stations, rental funds, shops through decision-making on the conclusion of contracts for the performance of relevant work by state and municipal enterprises, on the organization and conduct of competitions for programs and investment projects for the development of infrastructures in the territories of horticultural, horticultural and dacha non-profit associations, on the implementation of joint projects development of infrastructures of the territories of such associations, payment of a share of the costs of maintaining infrastructures if these infrastructures are intended to serve the population of the respective territories or if the engineering infrastructure facilities of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;
2) ensuring the passage of gardeners, gardeners, summer residents and members of their families to garden, garden and summer cottages and back by establishing appropriate work schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport;
3) ensuring fire and sanitary safety, protection of the environment, monuments and objects of nature, history and culture in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation through the creation of commissions to monitor compliance with the requirements of the legislation, which include representatives of horticultural, horticultural or dacha non-profit associations, state authorities and local governments.
Chapter IX. REORGANIZATION AND LIQUIDATION OF HORTICULTURAL,
OF A GARDEN OR COUNTRY NON-PROFIT ASSOCIATION
Article 39
1. The reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, separation, spin-off, change in organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. When reorganizing a horticultural, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.
3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.
4. The deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with constituent documents for state registration of newly established legal entities or for amending the charter of such an association.
5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly created horticultural, horticultural or dacha non-profit associations.
6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its legal successor, newly emerged legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.
7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.
8. In case of state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.
9. State registration of horticultural, horticultural or dacha non-profit associations newly created as a result of reorganization and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations shall be carried out in the manner established by the law on state registration of legal entities.
Article 40
1. The liquidation of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. A demand for the liquidation of a horticultural, horticultural or dacha non-profit association may be filed with a court by a state authority or a local self-government body that has been granted the right to file such a claim by law.
3. Upon liquidation of a horticultural, horticultural or dacha non-profit association as a legal entity, the rights of its former members to land plots and other immovable property shall be preserved.
Article 41
1. A horticultural, horticultural or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.
2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or the body that has made a decision to liquidate it shall appoint a liquidation commission and determine, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms for the liquidation of such an association.
3. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the liquidated horticultural, horticultural or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in state authorities, local governments and courts.
4. The body that carries out the state registration of legal entities enters into the unified state register of legal entities information that a horticultural, horticultural or dacha non-profit association is in the process of liquidation.
5. The liquidation commission places in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, horticultural or dacha non-profit association, the procedure and deadline for presenting claims of creditors of such an association. The term for submitting creditors' claims may not be less than two months from the date of publication of a notice on the liquidation of such an association.
6. The liquidation commission takes measures to identify creditors and collect receivables, and also notifies creditors in writing of the liquidation of a horticultural, horticultural or dacha non-profit association.
7. At the end of the term for presenting creditors' claims against a horticultural, horticultural or dacha non-profit association, the liquidation commission draws up an interim liquidation balance sheet, which contains information on the availability of land and other common property of the liquidated association, a list of claims submitted by creditors and the results of their consideration.
The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or by the body that has decided to liquidate it.
8. After a decision is made to liquidate a horticultural, horticultural or dacha non-profit association, its members are obliged to pay off the debt in full on contributions in the amount and within the time limits established by the general meeting of members of such an association (meeting of authorized persons).
9. If the liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized persons) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell a part or all the common property of such a cooperative from public auction in the manner prescribed for the execution of court decisions.
The disposal of a land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
10. If a liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the creditors shall have the right to apply to the court with a claim to satisfy the remaining part of the claims at the expense of the property of the members of such a cooperative.
11. Payment of funds to creditors of a liquidated horticultural, horticultural or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the date of its approval.
12. After completion of settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of the horticultural, horticultural or dacha non-profit association (meeting of authorized persons) or the body that has decided to liquidate such an association.
Article 42
1. A land plot and real estate owned by a horticultural, horticultural or dacha non-profit association and remaining after the satisfaction of creditors' claims may be sold with the consent of the former members of such an association in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the said land plot and real estate transferred to the members of such an association in equal shares.
2. When determining the amount of compensation for a land plot confiscated for state or municipal needs and the real estate of a horticultural, horticultural or dacha non-profit association located on it, it shall include the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property by their withdrawal, including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.
Article 43
1. The liquidation of a horticultural, horticultural or dacha non-profit association is considered completed, such an association is considered to have ceased to exist after an entry about it is made in the unified state register of legal entities, and the body that carries out state registration of legal entities informs about the liquidation of such an association in the press, in which data on state registration of legal entities are published.
2. Documents and accounting reports of a liquidated horticultural, horticultural or dacha non-profit association are transferred for storage to the state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with the indicated materials, and also to issue, at their request, the necessary copies, extracts and references.
Article 44
An entry on the termination of the activities of a horticultural, horticultural or dacha non-profit association is made by the body carrying out state registration of legal entities in the manner prescribed by the federal law on state registration of legal entities.
Article 45
1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifetime inheritable possession of land plots;
2) the rights associated with becoming a member of a horticultural, horticultural or dacha non-profit association, participating in it and leaving it;
3) other rights provided for by this Federal Law and other federal laws.
2. The rights of a horticultural, horticultural or dacha non-profit association to own, use and dispose of land plots for common use, other property of such an association, and other rights provided for by this Federal Law and other federal laws shall be subject to protection.
3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:
1) recognition of their rights;
2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;
3) recognition of a voidable transaction as invalid and application of the consequences of its invalidity, as well as application of the consequences of the invalidity of a void transaction;
4) invalidation of an act of a public authority or an act of a local self-government body;
5) self-defense of their rights;
6) compensation for their losses;
7) other methods provided by law.
Article 47
1. A gardener, gardener or summer resident may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forestry, water, town planning legislation, legislation on the sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, gardening or country non-commercial associations, in the manner prescribed by the legislation on administrative offenses.
2. A gardener, gardener or summer resident may be deprived of the rights of ownership, lifetime inheritable possession, permanent (unlimited) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.
Mandatory advance warning of a gardener, gardener or summer resident about the need to eliminate committed violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.
Article 48 - Federal Law of 07.05.2013 N 90-FZ.
Article 49
Officials of public authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with the conduct of gardening, horticulture or dacha farming by citizens, are subject to disciplinary, material, civil, administrative and criminal liability in the manner established by federal laws.
Article 50 - Federal Law of May 13, 2008 N 66-FZ.
Article 51
Losses caused to a horticultural, horticultural or dacha non-profit association or its members as a result of illegal actions (inaction) of state authorities, local governments or their officials, including the issuance of an act of a state authority or act that does not comply with the law or other regulatory legal act body of local self-government, are subject to compensation in the manner prescribed by civil law.
Chapter XI. FINAL PROVISIONS
Article 52. Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication.
Article 53. Transitional provisions
1. The charters of horticultural, horticultural, and dacha partnerships and horticultural, horticultural, and dacha cooperatives established prior to the entry into force of this Federal Law shall be brought into line with the norms of this Federal Law within five years from the date of its official publication.
2. Horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives shall be exempt from paying the registration fee upon state registration of changes in their legal status in connection with their reorganization and bringing their charters in line with the norms of this Federal Law.
Article 54
From the date of entry into force of this Federal Law on the territory of the Russian Federation, the USSR Law "On Cooperation in the USSR" (Bulletin of the Supreme Soviet of the USSR, 1988, N 22, item 355; Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, N 19, article 350; 1990, N 26, article 489; 1991, N 11, article 294; N 12, article 324, 325) in the part regulating the activities of gardening associations and dacha cooperatives.
Article 55
1. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts in line with this Federal Law within six months from the date of its entry into force.
2. Instruct the Government of the Russian Federation within three months from the date of entry into force of this Federal Law:
prepare and submit, in accordance with the established procedure, proposals for introducing amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
adopt regulatory legal acts that ensure the implementation of the provisions of this Federal Law.
The president
Russian Federation
Moscow Kremlin
Federal Law No. 66 on horticultural partnerships considers the specifics of providing various kinds of land plots to citizens for the purpose of non-commercial use. This may be the construction of summer cottages (they must be registered separately in order to obtain the right to reside), growing crops, or just relaxing. But on July 3, 2016, Federal Law 66 underwent a number of changes, which will be discussed in this article.
Federal Law 66 "On horticultural, horticultural, and dacha non-profit associations of citizens" was adopted by the State Duma on March 11, 1998, and approved by the Federation Council on April 1 of the same year. To date, it has been amended and amended, but the essence of the law has not changed. The objects of consideration of Federal Law 66 are agricultural private or public partnerships of citizens of the Russian Federation.
The law specifies the forms of the above associations, the features of their conduct, mutual lending funds, etc. Also, Federal Law 66 considers the conditions under which citizens have the right to receive land plots for private needs, how they are formed, organized and managed.
Finally, Federal Law 66 indicates the possibility of state support for gardeners, vegetable gardens and summer residents, under certain conditions. At the same time, this law has a separate chapter on the protection of the rights of these categories of Russian citizens.
Amendments to the Law "On Horticultural Associations"
For almost 20 years of existence, amendments to the law on gardening partnerships have been made repeatedly. First, it is worth listing the most significant.
Amendments to Federal Law 66 on the procedure for holding a general meeting of members of partnerships.
The latest version of federal law 66 provides for the absentee form of holding a general meeting, provided that the meeting was not held in person due to the lack of a quorum.
This remains in effect even if the following items are on the agenda:
- The latest version of the charter is approved or drawn up;
a dacha non-profit association is reorganized or liquidated; - The reports of the audit commission or board are approved;
- Approval of income and expenses.
Clarifications in Federal Law 66 on the issue of membership fees
The paragraph of the law regarding the money contributed by members of the gardening partnership has undergone four major changes.
First- wording. The new version of Federal Law 66 retains the previous definition, which states that members of a non-profit agricultural partnership are required to contribute funds for current expenses. This point is supplemented only by the "maintenance of common property."
Second- determination of the amount of the membership fee. Now its size, according to Federal Law 66, depends on the total area of the land plot and real estate objects located on it. However, this principle does not yet apply to mandatory and enshrined in the charters of partnerships.
Third- an extended list of documents that is provided to each of the members of the horticultural association, if necessary. In the previous version of Federal Law 66, it was necessary to transfer a copy of the minutes of the general meeting, as well as the meeting of the board and the audit commission.
Now this list has been replenished with the following documents:
- the charter of an agricultural non-profit partnership, indicating the amendments made to it (if any);
- title documents for the public property of the economy;
financial statements of a non-profit association; - income-expenditure estimate, with a report on its execution;
- papers that confirm the results of the partnership's latest votes.
Register of partnership members
The new concept of Federal Law 66 - "registry of members of a horticultural, horticultural or dacha non-profit association" contains information about its representatives.
Among the included information about a member of the partnership, according to Federal Law 66:
- postal and email address;
- cadastral number of the land plot;
- additional information provided for by the charter of this particular association.
By law, the register is created no later than one month from the date of registration of the partnership.
Now about the key articles of the federal law, and an indication of the presence / absence of amendments to the law on horticultural partnerships.
Art. one.
This paragraph of the law defines the key concepts used throughout Federal Law 66, such as a garden or dacha association, share contributions, etc. The definition of membership fees has changed, with the addition of “maintenance of common property”.
Art. eight.
This article of the Federal Law 66 describes the features of the management of individual farms. This includes the payment of contributions for the use of common property or the appeal of certain decisions of the association in court. With the latest edition of the law, no changes have been made.
Art. eighteen.
This article of Federal Law 66 describes the conditions for obtaining membership in a partnership, including reaching the age of 16 and the presence of a land plot on the territory of a cooperative. With the latest edition of the law, no changes have been made.
Art. 19.
This paragraph of Federal Law 66 describes the rights and obligations of a member of the partnership. The article is supplemented by two subparagraphs:
№ 2.1
- it indicates the need to familiarize yourself with the documents describing the activities of the association;
№ 11.1
- which states that the citizen is obliged to notify the board of the termination of rights to his site no later than 10 days after that.
Art. 21.
Article FZ 66 considers what points the board of the partnership can decide: admission of new members, change in income and expenditure estimates, reorganization or liquidation of the entire organization, etc. The change in the law consists in the possibility of holding absentee meetings if the in-person meeting did not take place.
Art. 22.
This paragraph of Federal Law 66 defines the concept of board, its scope of competence, and the legal basis for decisions. The changes made are that now, in case of equality of votes in the voting, the opinion of the chairman will be decisive. And now, according to the law, the board is obliged to maintain a register of members of the association.
Art. 27.
This article of the federal law closely relates to the issue of documentation: maintaining protocols and documents provided for review by members of the partnership. The July changes led to the addition of the list of issued papers, and the payment for this, according to the law, cannot exceed the cost of copies made.
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The Law on Horticultural Associations in the latest version has not undergone significant changes. Supplementing the voting procedure, changes in membership fees, expanding the package of documents provided. These are all amendments to Federal Law 66.