This brochure is compiled from frequently asked questions that we have to deal with at numerous gardening conferences and in the legal service.
I want to warn you right away: gardeners do not agree with all the answers, they argue with many and consider the current situation unfair. The fact is that we consider controversial situations not from the point of view of justice, but from the point of view of legality. The laws, however, today are so imperfect, so inconsistent with each other that gardeners are outside the legal field. The state is trying to shift the solution of almost all the problems of gardeners, whether it is the implementation of a “dacha amnesty” or compliance with fire safety requirements, to the gardeners themselves! Officials almost always answer requests for help: “Collect money and do it” ... And it’s completely cannibalistic practice to impose all sorts of fines on gardening associations for “non-compliance with norms and rules” ...
Alas, while normal legislative work in our area is being replaced everywhere by imitation and talking, and if some legislative acts slip through, they, as a rule, lead to a worsening of the situation and the emergence of new problems. An example of this is another simplification of the "dacha amnesty", adopted before the last elections to the State Duma. The result is massive boundary disputes between neighbors. Boundary conflict in judicial practice is the most difficult (and expensive!) case to be resolved, it can drag on for decades!
Dear gardeners, today we can only rely on ourselves, so we must learn to protect ourselves. Let's jointly resist the illegal demands of officials, raiders, all kinds of politicians who are trying to use us for their own selfish purposes ...
And our main weapon in this will be legal knowledge. When you know even bad laws well, there is a chance to defend your rights and achieve justice!
Your Andrey Tumanov,
Chairman of the Board of the Moscow Union of Gardeners,
editor-in-chief of the newspaper "Your 6 acres".
1. What is SNT?
Answer: SNT is a horticultural non-profit partnership, a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening. Also, the association can be created in the form of a non-profit partnership and consumer cooperative.
2. If I have a garden plot, should I build something there or can I just plant a garden?
Answer: in accordance with Art. 1 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" No. 66-FZ dated April 15, 1998 (hereinafter referred to as the law on gardeners), a garden land plot is provided to citizens for growing fruit, berry, vegetable, melon or other crops and potatoes , as well as for recreation (with the right to erect a residential building and utility buildings and structures). Thus, to achieve the goal of using a garden plot, it is enough to develop the land - plant a garden, plant a vegetable garden. Buildings are not required. On a summer cottage, the construction of a residential building or a residential building is a top priority.
3. Many years ago I was given a garden plot, now a building has been erected there. Why can't I own this property?
Answer: majority garden plots provided on the right of lease or on the right of fixed-term use, in order, firstly, to give citizens the opportunity to grow food necessary for survival, and secondly, to quickly and without compensation for the cost of property, withdraw land after harvesting. Currently, some of these plots belong to the property Russian Federation and is not subject to privatization. They can be rented. If the garden plot was built up, then the building may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized construction and, by a court decision, can be demolished at the expense of the person who built it.
4. If the partnership is non-profit, does this mean that I do not have to pay contributions?
Answer: non-profit organizations are organizations that do not have profit making as the main goal of their activities, but this does not mean that non-profit organizations do not conduct any economic activity. The activities of the CNT are aimed at meeting the needs of members in energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.
5. Is it possible to plant coniferous and deciduous trees instead of fruit trees?
Answer: in the garden and summer cottage, the possibility of planting non-fruit trees is not provided, and in the garden plot, planting of any trees and shrubs is not provided at all.
6. Should the SNT contain the territory adjacent to the external borders (behind the common fence)?
Answer: The answer to this question is contained in the acts of local governments in whose territory the association is located.
7. What taxes do I have to pay if I own a plot in SNT?
Answer: in accordance with Art. 2 Law of the Russian Federation of 09.12.1991
2003-1 "On Taxes on Property of Individuals" the object of taxation is a residential building, apartment, room, cottage, garage, other building, premises and structure, as well as a share in the right common property for this property. Exempted from paying property tax Heroes Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of groups I and II, disabled since childhood, participants in the Civil and Great Patriotic Wars and some other categories of citizens.
Tax on buildings, premises and structures is not paid from residential buildings with a living area of up to 50 square meters and utility buildings and structures with a total area of up to 50 square meters located on plots in horticultural and summer non-profit associations of citizens. In addition, in accordance with Chap. 31 "Local taxes" of the Tax Code of the Russian Federation, land plots that are on the right of ownership, life-long inheritable possession and permanent unlimited use are recognized as the object of taxation. No one is exempted from paying land tax, however, the regulatory legal acts of the representative bodies of municipalities may establish tax benefits, the grounds and procedure for their application.
Thus, a citizen must pay tax on property belonging to him, and it is also necessary to remember that property tax is included in membership fees common use SNT.
8. Is the garden plot inherited?
Answer: garden land is inherited along with the rest of the property of the deceased. Membership is not inherited, as it is a personal non-property right.
9. Can the garden plot be sold?
Answer: the owner has the right to dispose of his property at his own discretion, including selling, donating, pawning. The contract for the sale of real estate can be drawn up in a simple writing, must contain all essential conditions(object, price, and so on) and is subject to mandatory state registration in the management Federal Service state registration, cadastre and cartography.
The right of the buyer to the land plot arises from the moment of state registration.
10. What should be the infrastructure of SNT? Is electricity required?
Answer: the question of creating the infrastructure of the association is the exclusive competence of the general meeting of members (meeting of authorized persons) of the SNT. If the majority of members do not want to create any object of infrastructure, then no one can oblige to make contributions for the creation of such objects.
However, this provision does not apply to the necessary engineering infrastructure facilities - a fire pond, for example, or motor pumps - they must always be, regardless of the decision of the general meeting of members.
11. Who sets the annual fee?
Answer: the determination of the amount of contributions belongs to the exclusive competence of the general meeting of members (meeting of authorized persons) of the SNT.
12. Do I have the right to register in my garden house?
Answer: by resolutions of the Constitutional Court of the Russian Federation of June 30, 2011 No. 13-P and of April 14, 2008 No. 7-P, paragraph two of Art. 1 of the Law on Gardeners is recognized as inconsistent with the Constitution of the Russian Federation insofar as it excludes the possibility of registering citizens at their place of residence in residential buildings owned by them that are suitable for permanent residence and are located on garden plots belonging to agricultural lands and lands of settlements.
Thus, the theoretical possibility of registration in a residential building (this is what a garden house is called from the point of view of the law) exists, but the process of implementing this right is complicated and is not currently streamlined.
“At the same time, the owners of such land plots(garden land plots located on agricultural land) it should be taken into account that registration at the place of residence in residential buildings located on them suitable for permanent residence does not lead to the acquisition of the status of a settlement by the corresponding territory and, therefore, does not impose on public authorities the obligation to its improvement, creation and maintenance of communal, transport and other infrastructures, with the exception of resolving issues directly related to the implementation of fundamental rights and freedoms of man and citizen. Therefore, choosing as a place of residence a residential building located on a land plot classified as agricultural land, citizens must consciously accept those possible inconveniences that are a consequence of living outside the territory of settlements.
13. The size of the membership fee - who sets it, what are the payment terms?
Answer: the size of the membership fee is established by the decision of the general meeting of members (meeting of authorized persons) of the SNT, the payment deadline may be set by the charter, or maybe by the decision of the general meeting of members (meeting of authorized persons).
soaked) SNT.
14. What documents are the basis for state registration of ownership of a garden plot?
Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, one of the following documents may be the basis for state registration of a citizen’s ownership of a garden or summer cottage land plot:
- an act on granting a given land plot to a citizen, issued by a public authority or a local government body within its competence and in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
- an act (certificate) on the right of a citizen to this land plot, issued by an authorized body of state power in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
- other document establishing or certifying the right of a citizen to this land plot.
15. What are the responsibilities of SNT members?
Answer: the rights and obligations of members of the SNT are defined in Art. 19 of the law on gardeners - in Appendix No. 1, this article is given in full.
16. What is common property?
Answer: in accordance with Art. 1 of the law on gardeners, property for common use includes property (including land plots) intended to provide within the territory of the association the needs of its members 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.).
Please note that in a horticultural non-profit partnership, these property items may be jointly owned by members or owned by a legal entity - the SNT itself.
17. If I want to carry out a land survey, where do I start?
Answer: in order to carry out boundary works, it is necessary to conclude an agreement on carrying out necessary work with a person duly certified as a cadastral engineer. The coordinates of such persons can be found on the Rosreestr website - www.rosreestr.ru.
18. How are land disputes resolved?
Answer: if the parties cannot agree on the location of the boundary of the land plot, then this case is subject to consideration by the court. It should be noted that in order to resolve a land dispute, it is most often necessary to appoint a land management expertise, the cost of which is high and most often incommensurable with the cost of the disputed piece of land.
Territorial jurisdiction is determined by the location of the land.
19. Can the chairman of the board be elected by the SNT board?
Answer: in accordance with paragraphs. 4 p. 1 art. 21 of the law on gardeners, the exclusive competence of the general meeting of members (meeting of authorized persons) includes the election of the chairman of the board and the early termination of his powers, unless otherwise provided by the charter of such an association. Consequently, the charter of the SNT may provide for the election of the chairman of the board at a board meeting.
20. Does an SNT member have a pre-emptive right to purchase a neighbor's lot?
Answer: a member of the SNT does not have the right of first refusal to purchase an adjacent land plot. Such a right arises only where there is common property.
21. What is a membership fee, who pays it, what other fees are there?
Answer: in accordance with Art. 1 law on gardeners membership fees - cash, periodically contributed by members of the horticultural association to the remuneration of workers who have concluded employment contracts with such an association, and other current expenses of the association. That is, membership fees are spent on the maintenance of the legal entity itself. The law also provides for the following types of contributions:
introductory and target - in a non-profit partnership and a non-profit partnership, in a consumer cooperative
we provide for the collection of entrance, membership, share and additional fees, each of which must be spent
be carried out in accordance with the purposes defined by law.
22. How to hold a general meeting of SNT members?
Answer: the general meeting of members is supreme body management of the association, it can be regular, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor ( audit commission), not less than 1/5 total number members, as well as at the request of the local government. The procedure for notifying members of the forthcoming general meeting is determined by the charter of the association, which also specifies the procedure for electing authorized representatives (if the association provides for holding a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding a general meeting of members, the procedure for voting are determined by the regulations for holding general meetings, which is approved at a general meeting of members of the association.
23. At what distance from the border can I build buildings on a garden plot?
The answer to this question is contained in clause 6.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, this document is given in Appendix No. 2.
24. Can I fence myself off from my neighbors with a solid fence?
Answer: continuous fencing of a garden plot of land is allowed with the written consent of a neighbor. See clause 6.2 of SP 53.13330.2011.
25. Is breeding of bees allowed in the garden?
Answer: in accordance with clause 7.9. * of the Code of Rules for the Design and Construction of SP 11-106-97 "The procedure for the development, approval, approval and composition of design and planning documentation for the development of territories of horticultural associations of citizens" an apiary is allowed on the territory of a garden (suburban) plot . The apiary must have a blind fence 2 m high, and be located no closer than 2 m from the boundaries of the site.
26. What to do if the chairman of the SNT refuses to submit reports and decisions of general meetings?
Answer: In accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, the right of a member of an association is to receive information about the activities of the governing bodies of the association and its control body. If the board refuses to submit documents, the refusal can be appealed in court.
27. Why are some other taxes included in the estimate, in addition to wages for an accountant, a watchman and an electrician?
Answer: horticultural non-profit association of citizens is legal entity and must comply with the requirements labor law, SNT makes contributions to all funds on an equal basis with others commercial organizations. In 2011, contributions to the funds amount to 34.2% of the payroll fund. The transfer of contributions to the funds is mandatory.
28. Can I install a greenhouse on my property?
Answer: yes, you can, one meter from the border of the land. In addition, if the greenhouse is on the foundation, you can register the ownership of this property. The procedure for registration is exactly the same as for registering any other building on a garden plot.
Answer: the size of the land tax depends on the area of the land plot, its cadastral value and the land tax rate. The area of the site, as well as its cadastral value, can be found from the cadastral extract or found on the Rosreestr website. It can also be calculated by multiplying the specific indicator of the cadastral value (measured in rubles per square meter) by the area of the land plot (it can be found in the certificate). The land tax rate is determined by the representative body municipality, on the territory of which the gardener's land is located.
30. Why should CNT pay for the negative impact on environment, if it is not a production, does not have emissions and discharges?
Answer: garbage placed at the landfill is the property of the association. Under the garbage disposal agreement, only the transfer of SNT property (garbage) from the association to the solid waste landfill is carried out, in accordance with Art. 210
of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property.
31. How should the removal of household waste from SNT be organized?
Answer: garbage disposal from the SNT should be organized in accordance with the requirements of the acts of local governments on whose territory the associations are located.
32. Can I burn garbage on my site?
Answer: burning of garbage on the garden or suburban land is not allowed.
33. What are the fire safety requirements for SNT?
Answer: fire safety requirements are formulated in the Federal Law of July 22, 2008 No. 123-FZ " Technical regulation on fire safety requirements":
P. 18 Art. 67 states that on the territory of horticultural, horticultural and country non-profit association citizens should be provided with the access of fire equipment to all garden plots, united in groups, and public facilities. The width of the carriageway of the streets must be at least 7 meters, driveways - at least 3.5 meters.
In paragraph 18. Art. 68 states that in order to ensure fire extinguishing on the territory of the common use of the association, fire-fighting reservoirs or tanks with a capacity of at least 25 cubic meters with a number of sections up to 300 and at least 60 cubic meters with a number of sections of more than 300 (each with sites for the installation of fire equipment, with the possibility of water intake by pumps and the organization of an entrance for at least 2 fire trucks).
Also, the requirements are contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, the norms of which are binding.
34. Am I required to join the SNT?
Answer: in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any association. Thus, joining an association is a voluntary expression of the will of a citizen.
35. Should the chairman provide the tax authorities with information about the members of the association, including copies of passports and land certificates?
Answer: The state body of cadastral registration, the body that conducts state registration of rights to real estate and transactions with it (Land Cadastral Chamber and Rosreestr, respectively), in the order of information interaction, exchange information about the right holders of real estate for tax purposes.
The chairman of the board of the SNT should not provide information about the members of the organization to the tax authorities. In addition, in accordance with paragraph 4 of Art. 6 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, a person processing personal data on behalf of the operator is not required to obtain the consent of the subject of personal data to the processing of his personal data. Thus, if there is a need to submit the personal data of members somewhere, you must first obtain the written consent of the members of the association.
36. If a member of the SNT does not pay dues, can he be deprived of the right to use electricity?
Answer: No. It is necessary to work with non-payers, including collecting debts on contributions in court.
37. How should biowaste be disposed of? Is a septic tank required on site?
Answer: The answer to this question is contained in paragraphs 8.6–8.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of the territories of horticultural (dacha) associations of citizens, buildings and structures ”(see Appendix No. 2).
38. Is it possible to elect a chairman from outside the CNT members?
Answer: The chairman of the board is elected from among the members of the board. And in accordance with Art. 21 of the law on gardeners, the board is elected from among the members of the association.
39. Does the SNT have the right to engage in entrepreneurial activities?
Answer: yes, it has, but profit from entrepreneurial activity should not be distributed among the participants
(members) of the association, but should be spent on achieving the statutory goals of the activities of the SNT.
40. Why do gardeners pay for electricity as urban residents if the plots are located in rural areas?
Answer: to the category "Consumers equated to the population" in accordance with paragraph 27 Guidelines for the calculation of regulated tariffs and prices for electrical (thermal) energy in the retail (consumer) market, approved by order of the Federal Tariff Service No. 20-e / 2 dated August 06, 2004, include, among other things, horticultural, gardening or country non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening, horticulture and dacha farming. The subject of the Federation did not use the right to grant benefits to horticultural associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the rate set for the rural population.
41. What to look for when buying a plot?
Answer: when buying a land plot, it is necessary to pay attention to the authority of the person selling the land (is the owner or acts by proxy), to the documents on the rights to the land, to whether the land was surveyed or not (if not, there may be unpleasant “surprises”) ; get to know the neighbors and find out from the board of the association whether the owner of the plot has debts for contributions (if he is a member of the association) or for payment under the contract (if he gardens on an individual basis). If something is in doubt (price, documents), it is better to show the documents to a lawyer and, possibly, refuse to purchase.
42. Based on what is the amount of the SNT contribution calculated?
Answer: the amount of the contribution to the SNT is set on the basis of the list of planned works, their cost, and a certain estimate. The amount received is divided by the number of members of the association.
43. Who can call an extraordinary general meeting of members?
Answer: an extraordinary general meeting of members may be convened by the board or in accordance with art. 25 of the law on gardeners, when creating a threat to the interests of the association and its members, or when identifying abuses by members of the board of the association and the chairman of the board, an extraordinary general meeting of members may be convened by the auditor (audit commission) of the association.
44. Should a citizen doing gardening on an individual basis pay targeted contributions?
Answer: Art. 1 of the law on gardeners defines that targeted contributions are funds contributed by members of the SNT or SNP for the acquisition (creation) of public facilities. The law does not provide for the possibility of collecting targeted contributions from citizens who are not members of the association.
45. What should earmarked contributions to SNT be used for?
Answer: targeted contributions to SNT are spent on the creation of public facilities. The property created with targeted contributions from the members of the partnership shall be jointly owned by the members of such an association.
46. Is a citizen who conducts gardening on an individual basis obliged to sign an agreement on the use of infrastructure facilities, the text of which was approved general meeting SNT members?
Answer: no, civil law is based on the recognition of the equality of the parties to the contract, therefore signing the contract on the terms established by the general meeting of members is the right of the individual, but not the obligation.
47. To whom can a SNT member entrust the right to participate in the general meeting?
Answer: A member of the SNT can entrust the right to participate in the general meeting of members to anyone, another member of the SNT, his relative or a complete stranger. It is only necessary to certify the member's signature on the power of attorney. The signature is certified by the chairman of the board of SNT.
48. Who are the commissioners, what powers do they have, how are they elected?
Answer: authorized persons are those persons who are elected in accordance with the charter of the association and represent the interests of persons delegating powers to them at general meetings held in the form of a meeting of authorized representatives. Commissioners are members of the SNT, they cannot transfer their powers to other persons.
49. What are the superior bodies of the SNT?
Answer: There are no higher bodies in the SNT.
50. Is it obligatory to register buildings located on a land plot?
Answer: registration of buildings located in garden or summer cottages is carried out in a simplified manner on the basis of a declaration on a real estate object approved by order of the Ministry of Economic Development of Russia dated November 03, 2009 No. 447 and is the gardener's right, but not an obligation.
51. According to the documents, I was given a land plot of 6 acres. How much land can I acquire if I actually use more land?
Answer: subject to the coordination of boundaries with all adjacent land users, a citizen has the right to register a land plot within the existing boundaries, if the area obtained as a result of surveying does not exceed one minimum size a land plot provided in this constituent entity of the Russian Federation for the purposes of horticulture (for a garden plot), dacha management, and so on. In the Moscow region, the area of the minimum plot, which is provided for gardening, is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can draw up a plot of up to 14 acres. However, this provision of the law is more of a declarative nature;
52. Do state authorities and local governments provide any support to gardeners?
Answer: State authorities and local self-government provide support to gardeners and their associations.
For more information about support programs for associations, please contact your local government or executive power subject of the Russian Federation, which is responsible for interaction with gardeners.
53. Why is a certificate from the chairman of the debts on contributions not required in the transaction of purchase and sale of a land plot?
Answer: because such a document is not submitted for state registration of the transfer of ownership, sometimes buyers (see question No. 41) or notaries ask for such a certificate. If the seller and the buyer conclude an agreement in a simple written form (without notarization) and the buyer does not ask for such a certificate, then taking such a certificate is a matter of the seller’s conscience (as well as voluntary payment of contributions and debts on them), but not his obligation. We add that it is impossible to demand debts on the seller's contributions from the buyer.
54. Why did it become possible to build apartment buildings on garden plots?
Answer: because, in accordance with 1 p. 17 Art. 51 of the Town Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction on a land plot provided for gardening, dacha farming, and the building spot area is not standardized.
55. How to become a member of SNT?
Answer: in order to become a member of the SNT, it is necessary to have a land plot within the boundaries of the land allotment provided for the placement of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of the members present at the general meeting of members (meeting of authorized persons) of the association.
56. How and where can I find out who is the chairman of our SNT?
Answer: it is necessary to order an extract from the Unified State Register of Legal Entities. To do this, you must contact the tax authorities at the place of registration of SNT.
Publicly available information about any legal entity is provided to any applicant for a fee.
57. Why, when registering the right to public lands, was I asked for a receipt for 15,000 rubles? Who installed it?
Answer: in accordance with paragraphs. 22 p. 2 art. 333.33 tax code Russian Federation, the state fee for state registration of rights, restrictions (encumbrances) of rights to real estate for an organization is 15,000 rubles.
58. What documents can I, as a member of the SNT, freely get acquainted with? If the chairman of the board does not allow you to familiarize yourself with the charter - what to do?
Answer: as a member of the SNT in accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, you have the right to get acquainted with the charter, constituent documents, minutes of general meetings of members, minutes of board meetings, get acquainted with estimates, reports of the board and acts of the audit commission. If the board refuses to familiarize with the documents, such a refusal can be appealed in court.
59. Where can I turn if I am not satisfied with the work of the SNT board?
Answer: if a member of the association is not satisfied with the work of the board of the association, it is necessary to assemble an initiative group of at least 1/5 of the total number of members of the SNT and demand the convening of an extraordinary general meeting of members,
60. Do I have to notify the SNT board if I sell a plot or make any other transaction?
Answer: there is no such obligation for a member of the association. Although, in order to avoid claims for unpaid contributions, it is better to notify the board of the planned sale of the site and take a certificate that there are no debts on contributions. However, this is only the right of a member of the association, but not his duty.
61. What measures of influence can be applied to members of the SNT and for what?
Answer: in accordance with paragraph 4 of Art. 18 of the law on gardeners, the charter of the association specifies, among other things, the grounds for and procedure for exclusion from members of the association and the application of other measures of influence for violation of the charter or internal rules of the association. Other measures may include, for example, the collection of penalties for late contributions and payments. The amount of penalties is established by the decision of the general meeting of members (meeting of authorized persons).
Answer: The board is elected by a simple majority vote of the members present at the meeting.
63. Can a member of the SNT count on the protection of his interests by the board?
Answer: there are practically no cases of active upholding of the rights of members of the SNT by the board. However, the CNT may participate in the court session as a third party.
64. Who are the founders, how did they appear, what rights and obligations do they have, can the founders be excluded from the Unified State Register of Legal Entities?
Answer: founders are those citizens who decide to create an SNT (or any other organization), and their names are entered in the Unified State Register legal entities. In accordance with paragraph 4.11 of the canceled order of the Federal Tax Service of the Russian Federation dated November 1, 2004 No. SAE-3-09 / [email protected] on methodological clarifications on filling out the forms of documents used in the state registration of a legal entity and an individual entrepreneur, when submitting an application for state registration of an HOA, ST, data on the members of the board are indicated in the information about the founders.
65. Can foreign citizens become members of the CNT?
Answer: Yes they can. Note that a foreigner can purchase a garden or country cottage area to the property.
66. What rights do I lose when I leave the SNT?
Answer: upon withdrawal from the SNT, you will lose the right to elect and be elected to the governing bodies of the SNT and the right to common property, which is jointly owned by the members of the SNT.
67. Why are associations of horticultural associations created?
Answer: associations (unions) of horticultural associations are created to achieve some common goals of the organizations that are members of them. In addition, the association may be granted the right to check the economic and financial activities member associations. Associations should be distinguished from public organizations, which, although they have the word "union" in their name, but this is not an indication of the organizational and legal form. Public organizations do not have the right to interfere (forcibly) in the activities of the SNT.
68. Within our SNT, a group of members registered their new SNT. Now they require us to provide part of the property. How should we do now?
Answer: citizens have the right to unite, including the right to decide on the creation of "their own" SNT. At the same time, they do not have any rights to the property of an already existing association. If citizens wish to separate from the existing SNT, then a reorganization procedure is required, the decision on which is made by a qualified majority of members at a general meeting of members (meeting of authorized persons) of the SNT.
69. Who sets the amount of the SNT entry fee and when should it be paid?
Answer: the size of the entrance fee is determined by the decision of the general meeting of members (meeting of authorized persons), paid after the decision on admission of a citizen to the membership of the association. It should be remembered that an overestimated amount of the entrance fee will lead to land owners refusing to join the association.
70. Our SNT does not have a current account, we pay all fees in cash. Is an entry in the membership book about the contribution made sufficient?
Answer: no, not enough. The person accepting contributions is obliged to issue a stub to the incoming cash order. In addition, the presence of a current account with a legal entity is mandatory! And members of the SNT have the right to transfer funds to the account of the association.
71. I am the new chairman of the SNT, I was elected 10 days ago. Why did the tax authorities fine me 5 thousand rubles?
Answer: legal entity within three working days from the date of the decision to change the constituent documents of the association - that is, its charter, if there are changes that are not related to changes in founding documents, for example, when changing the chairman of the board, must notify the registration authority within three days. To do this, you must fill out the necessary forms approved by the Decree of the Government of the Russian Federation of June 19, 2002 No. 439 “On approval of forms and requirements for the execution of documents used in the state registration of legal entities, as well as individuals as individual entrepreneurs". If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of the Russian Federation on administrative offenses dated December 30, 2001 No. 195-FZ, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.
72. What is the difference between voluntary withdrawal from SNT members and expulsion?
Answer: the fact that the withdrawal is carried out voluntarily, upon the written will of the member, and the exclusion is carried out by a qualified majority of the votes of the members (authorized persons) present at the general meeting, for those violations of the charter for which exclusion from members is provided as a measure of influence.
73. What will happen to my site if I am expelled from the SNT membership?
Answer: The site will remain in the same right as it was. That is to say, owned. The only case when questions may arise about the fate of the site, if the entire land allotment was provided in the ownership of a legal entity or in the common property of members.
74. Do citizens of preferential categories (disabled people, veterans, large families) have the right to receive land plots?
Answer: citizens of these categories are entitled to preferential provision of garden plots. However, after the introduction of the Land Code of the Russian Federation, such provision is carried out for a fee. Free provision of land ownership after 2001 is virtually non-existent.
75. I believe that the targeted contribution for the creation of an infrastructure facility should be paid only if I use the property that will be created. Am I right?
Answer: no, not right. If the decision to create an infrastructure facility is made by the decision of a competent general meeting, then regardless of whether you were at the meeting, voted for or against the decision, you need to submit a target contribution. If the contribution is not returned, the board can recover the debt in court.
76. What laws regulate the activities of horticultural associations of citizens?
Answer: At present, the activities of horticultural, dacha and gardening non-profit associations of citizens are regulated by the following regulations:
- the Constitution of the Russian Federation;
- the Civil Code of the Russian Federation;
- Land Code of the Russian Federation;
- the Tax Code of the Russian Federation;
- Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”;
- Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs”;
- Federal Law No. 122-FZ of July 21, 1997 “On State Registration of Rights to Real Estate and Transactions Therewith”;
- Federal Law No. 221-FZ of July 24, 2007 “On the State Real Estate Cadastre”;
- Federal Law No. 137-FZ of October 25, 2001 “On Enactment of the Land Code of the Russian Federation”;
- Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ and many
- other normative legal acts.
77. Who can be an auditor in the SNT, are there any requirements for the qualification of an auditor?
Answer: a member of the association who is not related or related to the members of the board (and its chairman) can be elected as the auditor of the SNT. None qualification requirements the law on gardeners does not present to auditors.
78. I'm selling a site in SNT, does the board have to return all my fees - entrance, membership and special purpose?
Answer: the charter of the SNT should specify the procedure for the return of earmarked contributions. Membership and entry fees are non-refundable.
79. How long will the "dacha amnesty" last?
Answer:"Dacha amnesty", namely the operation of the simplified procedure for registering rights to land plots and buildings in summer cottages and garden plots, has no time limit.
80. Do I have to register the right to a land plot?
Answer: no, registration of the right to real estate is a right, but not an obligation of the gardener.
81. Is there any deadline for re-registration of rights to public lands?
Answer: re-registration by horticultural, horticultural and dacha non-profit associations of citizens of the right to permanent (perpetual) use of land plots is carried out in the manner established by Article 28 of the Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens”, while in accordance with clause 2.1 of Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the Enactment of the Land Code of the Russian Federation” is not limited to a period.
82. What issues can be resolved by a general meeting held in absentia?
Answer: decisions on approval cannot be made in absentia income and expenditure estimate, on the adoption of a report on the activities of the board and the audit commission, the election of the board in absentia cannot be made.
Answer: each member at the general meeting of members has one vote. If other members of the SNT have delegated their votes to a particular member (by proxy), then that member has a number of votes equal to the number of proxies issued, plus his one vote.
84. How many powers of attorney for participation in the general meeting of members can be issued in one hand?
Answer: the number of powers of attorney issued in one hand is not limited by law.
85. Has the right horticultural partnership in case of late payment of membership fees to accrue penalties?
Answer: it can, if penalties are mentioned in the charter as measures of influence, and the general meeting of members has established their size.
86. Which organizations should gardeners contact to protect their rights?
Answer: body supervising the activities non-profit organizations, is the Prosecutor's Office of the Russian Federation, and the protection of rights is carried out in court. Therefore, gardeners need to go to court.
87. How are the membership fees of SNT members calculated on legal grounds - from a site or from a hundred?
Answer: paragraph 1 of Art. 18 of the law on gardeners indicates that citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership can be members of the SNT. Also, this article makes it possible for minors and minors to become members of the SNT, if they have passed the plots, for example, by inheritance, and also gives the right to become a member of the SNT to a foreign citizen or stateless person. In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any association - that is, membership in the SNT is good
Thus, a member of the horticultural non-profit partnership can be individual, which is the owner of the land plot located within the boundaries of the association. And if one individual is the owner of several plots, even located in different places of the partnership, then he can still become a member only once. It is impossible to be a "twice member", "three times a member".
In accordance with Art. 20 of the law on gardeners, the general meeting of members of the SNT is the supreme governing body of such an association.
The legislator does not directly indicate that the weight of a vote (the number of votes) somehow depends on the amount of property belonging to this member. We can see an example of a direct indication of this in paragraph 4 of Art. 49 of the Federal Law of December 26, 1995 No. 208-FZ "On Joint Stock Companies":
“decisions on issues are made by the general meeting of shareholders by a three-quarters majority vote of shareholders - owners of voting shares participating in the general meeting of shareholders” and clause 4 of Art. 146 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ: “Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership present at the general meeting or their representatives.”
Thus, regardless of the number of land plots, a citizen can be a member of the SNT only once and has one vote at the general meeting of members.
In accordance with Art. 1 of the law on gardeners, membership fees - funds periodically contributed by members of the SNT to pay employees who have concluded employment contracts with such an association, and other current expenses of such an association.
In essence, membership fees go to the maintenance of the legal entity and its governing bodies. Please note: not the maintenance of the property, but the legal entity itself - stationery and postage, duties, legal costs, wage, taxes and fees.
If the rights and obligations of members are equal, then the participation of each member in the maintenance of the legal entity must be equal.
Separately, we note that in accordance with the charter of the SNT, a special fund can be formed in it, which consists of funds state support, income from entrepreneurial activities of SNT, membership and entrance fees. With the funds of the special fund, property is created that belongs to a legal entity - the SNT itself.
After the liquidation of the SNT, the funds remaining after settlements with creditors are distributed equally among the former members of the SNT. Thus, membership fees are equal for members regardless of the size/number of garden plots occupied.
The situation is different for earmarked contributions. According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property, therefore, the owner of three sections (as a co-owner of three shares in common property, if the shares are properly registered) will pay a triple contribution for the repair of the road inside the SNT.
However, according to Art. 245 of the Civil Code of the Russian Federation "If the shares of participants in shared ownership cannot be determined on the basis of the law and are not established by agreement of all its participants, the shares are considered equal."
Based on the foregoing, we can conclude that in the event of the liquidation of the SNT, the property (in monetary terms, after its sale) will be divided among the members in equal shares.
Consequently, in the absence of an agreement between members on the size of the shares, earmarked contributions must also be equal for all members of the SNT.
88. In our SNT there are plots whose owners do not cultivate them, we have to mow them ourselves. Can we sell them?
Answer: You can only dispose of the property that belongs to you. It is obvious that the abandoned plot has an owner. The disposal of such a site (even if they were given shareware use) is a fraud. If there are abandoned lands in the SNT, we recommend that you contact the Rosreestr, the inspectors of the state land control.
89. What to do with the land, the owner of which has died, but the heirs have not appeared?
Answer: nothing can be done about this area. In accordance with the procedure established by law, such property is recognized as escheat and becomes the property of the municipality.
90. I bought a plot from an SNT member who didn't pay dues. Should I pay off his debts?
Answer: no, they shouldn't. The board must collect debts on contributions from the seller.
91. The chairman refuses to sign the act of agreeing on the boundaries of the land plot and to issue me a certificate stating that the land was legally provided to me. Motivates by the fact that I have not paid dues. Is he right?
Answer: no, chairman of the board this case wrong.
92. How is the redemption price of property seized for state needs determined?
Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes the market value of the land plot and real estate located on it, as well as all losses caused to the owner by the withdrawal of the land plot, including losses that he incurs in connection with early termination its obligations to third parties, including lost profits. In the absence of an agreement on the redemption price, the issue can be resolved in court.
93. Why in SNT, not every gardener, but the association as a whole, is a subscriber under an energy supply agreement?
Answer: for the reason that the energy supply agreement is concluded not with each specific gardener, but with the legal entity as a whole.
94. Why do gardeners have to pay for losses in electrical networks?
Answer: the content of this question is the subject of discussion. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case, electrical networks. If an energy supply agreement is concluded with each specific gardener, then payment for losses in the networks is not made.
95. Is SNiP 30-02-97* normative document, whose requirements are mandatory for all gardeners?
Answer: This document was valid until May 19, 2011. Since May 20, 2011, the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, which is included in the List of National Standards and Codes of Rules, approved by Decree of the Government of the Russian Federation of June 21, 2010 No. 1047-r, which, according to Part 4 of Art. 6 of the Federal Law of December 30, 2009
No. 384-FZ "Technical regulations on the safety of buildings and structures" are mandatory for application.
96. I have a privatized plot in SNT. I pay taxes to the state, why should I pay any more money for my privatized land?
Answer: The obligation to pay land tax lies with each owner of the land. Registration of the right of ownership to a land plot does not entail the termination of the obligation to participate in the maintenance of common property and the legal entity itself. Thus, membership and earmarked contributions in the partnership still need to be paid by the member.
97. A member of the CNT who did not pay dues has died. How to make the heirs pay contributions - the father's debts and the money that they themselves owe as new owners.
Answer: it is possible to force the heirs to pay the debts of the testator in a judicial proceeding. Please note that you can recover only those funds that the deceased did not pay. Those "debts for the plot" that arose after the death of the testator cannot be recovered. The owner of the land plot pays membership fees if he is a member, or pays under an agreement if he is not a member and such an agreement is concluded. If the contract is not concluded and the citizen is not a member, he has no obligation to deposit any funds to the cash desk of the association.
98. How and where can I find out who is the owner of the land?
Answer: contact the territorial department of Rosreestr (at the location of the property). If the right to a land plot is registered, you will be given a certificate of the right holder.
99. We don't want to live in SNT. What will happen to our land after the liquidation of SNT?
Answer: plots belonging to citizens will remain with them in the same right as before. The common property is likely to be sold. And then the owner will be able to independently set the amount of payment for the use of his property.
100. When will the current law on gardeners be changed?
Answer: Unfortunately, no one knows the answer to this question. From point of view common sense this law must be repealed and regulate relations between property owners in accordance with the provisions of the civil legislation of the Russian Federation and the Constitution.
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On July 29, 2017, the President of the Russian Federation signed a new federal law "On the conduct by citizens of horticulture and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation."
Free download link to the new law (format docx file): FZ-217 dated July 29, 2017
The date of entry into force of the law is 01/01/2019. From the same date, FZ-66 of 04/15/98 becomes invalid.
The discussion of the law is open here:
(registration is required to make comments, suggestions, changes).
FZ-217 dated July 29, 2017 - Constantly supplemented, amended comments on the new federal law, taking into account the established practice.
WHO CAN BE CONSIDERED A MEMBER OF SNT
NON-COMPLIANCE WITH LAW No. 66-FZ DATED 15.04.98
ON ORGANIZING AND HOLDING A GENERAL MEETING IN SNT
AS A GROUND TO ANNOUNATE HIS DECISION
With seeming simplicity and unambiguous understanding of this issue by all gardeners: members of the SNT and non-members (leading individual horticultural activities), the concept of membership in a horticultural non-profit association of citizens requires a deeper analysis.
"Why is there to be wiser? It's simple. There is a membership book - it means a member of the SNT, but no - not a member," - this is what most gardeners say. But they are not right. There is also a direct link between membership in SNT and general meeting. And we will prove it together now. To make you more interested, let's ask a few questions. Try to answer them right off the bat:
A member of the SNT sold the site to another person. This new owner- a member of the SNT or not? Member who sold the site or not?
A member of the SNT has died. Is he a member of the SNT or not?
The heir entered into the rights of inheritance and formalized the right of ownership to himself. Did he become a member of the SNT?
The gardener has a membership book, which he received from the board. He pays all dues. Is he a member of the SNT or not?
A member of the SNT donated his land to his son. Son became a member of SNT? And the donating member or not?
If you have never thought about it, then there will be many errors in the answers. Meanwhile, as the question of membership in SNT is very sharp. This is connected, as you already guess, with the general meeting, with the quorum of the general meeting and the ensuing authority for making any decisions by the same meeting. If the board in the partnership thought about the problem and put its accounts in order, then problems with the competence general meetings will never arise, nor will there be litigation to invalidate decisions on grounds of lack of a quorum.
Page 10. WHO IS A CNT MEMBER
Let's start with legislation. Law No. 66-FZ of 15 April 1998 "On Horticultural, Orchard and Dacha Non-Commercial Associations of Citizens" does not directly answer the above questions. Here is what is written in one of the articles of the law:
- Members of a horticultural, horticultural or dacha non-profit partnership(horticultural, horticultural or dacha non-profit partnership) may be citizens Russian Federation who have reached the age of eighteen and having land plots within the boundaries of such a partnership(partnerships).
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.
- Members I can be in accordance with civil law members' heirs horticultural, horticultural or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land have been transferred as a result of donation or other transactions with land plots.
- Foreign citizens and stateless persons can become members of horticultural, horticultural or dacha non-profit associations. The rights of foreign citizens and stateless persons to garden, garden, country plots of land are determined in accordance with the legislation of the Russian Federation.
(As amended by Federal Law No. 118-FZ dated June 26, 2007) - Founders horticultural, horticultural or dacha non-profit association are 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 a horticultural, horticultural or dacha non-profit association.
- 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 is obliged to issue a membership book or another document replacing it.
The answers to the same questions should include the provision of Law No. 66-FZ, written in Art. 21, part 1, paragraph 2 "Competence general meeting members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons)" that "... To the exclusive competence of the general meeting members of a horticultural, ... non-profit association (meeting of authorized persons) relate next questions: admission to the membership of such an association and exclusion from its members ..."
If you read again the words underlined on purpose, then you should already have formed the correct concept of questions membership in SNT. We will not analyze the membership of the founders. That is, gardeners who formed a partnership at their meeting and adopted the first charter automatically became its members. Everything is clear here. But then we will understand in two directions, which must and must constantly, clearly and meticulously work out the board of the SNT.
The work of the Board of SNT
on the admission of new and exclusion of old members of the partnership:
- Admission of new members to the SNT.
In our SNT "Pishchevik" a few years ago there was such a situation when more than half of the owners were not members of the SNT, paying membership fees, and having membership books. It happened like this: the old owner sold, inherited, donated his land. The new owner on this basis registered the right of ownership, received the appropriate document. Then the new owner came to the board with the old membership book. In the board he was cordially received, they took all the fees from him (entry, membership, target), crossed out the name of the old member of the partnership, wrote a new name next to it and that's it. On this, the procedure for accepting a new member of the SNT into the partnership was exhausted. And so it went on for many years. In many SNTs, this continues to this day. The board distributes books and collects money from stupid gardeners who naively think they are members of the SNT. No one will argue with this order, as well as with membership itself, until the matter reaches a dead end. Because in challenging any illegal decision of the general meeting in court, the problem of the need to prove to the court the legitimacy of the meeting on the part of the SNT board will arise. Then the court will deal with the question: who member of SNT and who is not a member.
In theory, the chairman of the SNT in court must confirm the membership of the gardeners present at the meeting, thereby proving the competence and presence of a quorum for making legal decisions. And he can do this in only one way - to show the minutes of general meetings of members of the SNT on admitting new members to the partnership. No protocol - no membership. The presence of a membership book will be a confirmation of membership under one condition, if no one (the plaintiff in court or the defendant) disputes this membership. That is, the court in the last thesis will consider that since the book has been issued (see paragraph 5 of Article 18 of Law No. 66-FZ above), then there is also a meeting decision on admission. This will be true until someone says otherwise. And it is enough to state that in the registration list such and such gardeners are registered as members of the SNT, but they are not, as the duty of the chairman arises to prove the opposite, if he has documents confirming this. There are no such documents - there is no evidence. The solution to the issue of new members of the SNT can be only one:
Only those gardeners can be considered members of the SNT - who have documents on the ownership of their land plots,
- who were accepted as members of the partnership at the general meeting of its members (meeting of authorized persons)
- the question of the reception of which is reflected in the minutes of the meeting.
Moreover, the obligation to pay all types of contributions arises for a new member of the SNT only after he has been accepted into the partnership by the general meeting, and not before.
It is advisable to extract from the minutes of the meeting about admission to the SNT hand over to each newly admitted member, together with the membership book. And in the book, additionally make an entry about the date of the meeting, the number of the protocol and the paragraph of the decision on admission to the partnership.
All other gardeners are not members of the SNT and will never be able to prove their imaginary membership in any court. Let's revisit the basics:
A member of the SNT can be:
- the owner of the land plot within the boundaries of the SNT (this condition);
- gardener accepted as a member of the partnership by the general meeting of its members (meeting of authorized persons) (implementation of the condition on the basis of the gardener's right to be a member of the SNT).
You may have a question: "What to do with those who have paid membership fees for many years? This is a scandal!?." Yes, this often happens. But that's not the problem here. All illegally collected contributions must go through the accounting department as non-operating income. This is not a gardener's problem, but an accountant's. General meeting should only legitimize the membership of such a gardener. And in order not to substitute a stupid accountant along with the same stupid board, it is advisable to take, for example, such a decision at a general meeting for gardeners who have paid for many years:
"1. Adopt as members of the SNT ... (full name, section numbers) from ... (instead of the ellipsis, insert the date of payment of the first membership fee)" (i.e. make a decision retroactively. I don’t think that such a decision would be wrong and illegal).
"Is it possible not to accept SNT members harmful gardener?" - the question may arise. The meeting, of course, can take any decision. But the harmful gardener has the right to sue for such disrespect for his precious person. In the lawsuit, he will indicate that he wants to join the SNT, undertook to pay contributions comply with the requirements of the company's charter, is the owner of a land plot, etc. (see the sample application for membership in the SNT) Finally, referring to Articles 18 and 46 of Law No. , the court will be won by him, and the right to be a member of the SNT will be restored.The court will not take into account personal likes and dislikes.This is all lyrics, not the norms of the law.
Exclusion of old members from SNT.Now that we've dealt with the new SNT members, let's take a closer look at the old ones. You don't have to go far for examples. The land plot went to my wife under a donation agreement, duly registered with a notary. On this basis, the wife submitted documents to the Federal Agency for Real Estate in the Kaliningrad Region and received a certificate of ownership of the plot. We have already figured out above that until she applied for membership in the SNT, until the general meeting accepted her as a member, she is not one. Everything is clear here. Membership in a public organization cannot be inherited from one member to another.
Question: Is my wife's mother a member of the SNT?
Answer: is not, but on condition.
Despite the fact that she no longer has ownership of the site (Civil Code, article 235, part 1 ""), she continues to be a member. There is a contradiction with the norm of Article 18 of Law No. 66-FZ, according to which only the owner of a land plot can be a member of the SNT. To eliminate this contradiction, the former owner must, on the basis of Art. 18 and Art. 21 of the Law to exclude from the members of the SNT. There is no mechanism in our horticultural Law that automatically excludes the former owner from the members of the SNT.
A member of the SNT has died. The heir entered into inheritance rights and formalized the ownership of the land. With the membership of the heir, everything is clear and is done by analogy with the previous case, i.e. he needs to join the SNT. Such a decision can only be made by the general meeting.
Question: Deceased member of SNT or not?
Answer: No, of course, but on one condition.
A deceased SNT member will be considered a member until the death certificate of the SNT member is received by the board. It is enough just to show the document to a relative so that the secretary can make a mark in the list of members of the SNT. The general meeting does not need to exclude a member of the SNT in connection with death in this case. The basis for such simple solution the issue of exclusion is the norm of Article 17 of the Civil Code of the Russian Federation (see below). And the peculiarity of this case is that an official document (a copy of the death certificate, or at least the details of such a certificate) must be attached to the exclusion mark, because you cannot sew the words of a neighbor to the protocol.
Civil Code. Part 1.
Article 17. Legal capacity of a citizen
- The ability to have civil rights and bear obligations (civil capacity) is recognized equally for all citizens.
- The legal capacity of a citizen arises at the moment of his birth and ends at death.
Similarly, the board and the general meeting should act in SNT and with other cases. The main thing is to keep this work constantly and not to start. Otherwise, it is almost impossible to sort out SNT with members later.
Example: Not so long ago, on April 17, 2011, in the SNT "Pishchevik", the future chairman of the partnership, helping to register members of the SNT before the general meeting, assured that one of the members of the SNT had already left, because. The property is owned by another owner. But at the meeting it turned out that the owner was the same, that he was alive and well and was taking part in the work of the meeting. As a result, according to the situations described above, the group engaged in registration adjusted the number of gardeners who arrived to the quorum. But in fact, the quorum could not take place, since the former owners of the plots are still not excluded from the partnership and continue to hang like a dead weight. Such are the peculiar Gogol's "dead souls".
The question may arise: "But what if there is a suspicion that a citizen has ceased to own a garden plot of land? Should he be excluded from membership or not?" Such action must be preceded by some work.
- The algorithm of actions of the board to exclude the former owners should be as follows:
- The Board appeals to the Department of the Federal Service for State Registration, Cadastre and Cartography in ... the region with a request to answer the question about the ownership of a garden plot of land by a citizen.
- After receiving an extract from the registering authority, the board of the SNT, in the absence of ownership of the garden land, submits to the next meeting the issue of expelling a member of the SNT from membership (Article 21 "") on the basis of this extract and the norms of Art. 18 "Membership in a horticultural, horticultural or dacha non-profit association" FZ-66 dated 04/15/98
Reasons: According to part 1 of Art. 235 of the Civil Code, the right of ownership of a citizen is terminated when the owner alienates his property to other persons, the owner renounces the right of ownership, the destruction or destruction of property and the loss of ownership of property in other cases provided for by law.
In any case, according to Art. 131 "State registration of real estate" of the Civil Code in without fail produced state registration real estate transactions (in our case, the termination of the right of ownership of one person and the emergence of this right of another person are registered).
Data on existing rights to real estate and terminated rights are contained in the Unified State Register of Rights (parts 1, 2 of Article 12 "Unified State Register of Rights to Real Estate and Transactions with It" FZ-122 dated July 21, 1997.
In accordance with the norm of paragraph 4 of Article 131 of the Civil Code, any person has the right to request information about the registration made and the registered rights of a person to real estate.
Is there a way out of this constantly emerging problem in SNT in the 2nd direction of the board's work? There is. It is necessary to lay down a norm in the charter of the SNT, which would once and for all solve the problem of exclusion from the partnership. If you remember (who managed to catch those times) your transition from the VLKSM public organization to another public organization The CPSU, you probably won’t be able to remember the Komsomol meeting when you would be expelled from the Komsomol in connection with joining the CPSU or dropping out due to age. It's just that in the Komsomol a norm was laid down in the Charter that automatically regulates this transition. And this issue has never been on the agenda of the Komsomol. What prevents today in SNT to prescribe just such a similar rule, laying them in the Charter? The decision is reflected in the draft Charter of the SNT "Pishchevik" chapter III, clause 3.3 "":
3.3 Membership is terminated by the death of a citizen, termination of ownership of a land plot, voluntary withdrawal from the Partnership,
With such a norm guidance document partnership, the board should only monitor the situation with qualitative changes legal status gardeners and correct the lists in time. Record all these changes in a special folder, where to store copies of certificates of ownership of the plots, the list itself and documents on changing the legal status of gardeners. To consolidate the entire material of the article, I recommend skipping the link above to the page where you can once again read all the norms of the Charter of the SNT "Pishchevik" on membership in the partnership, exclusion from it and comments on the articles. Suddenly for your SNT it will be very useful.
So, having dealt with another important near-protocol issue that directly affects the authority of the general meeting in SNT, we turn to the problem of familiarizing the gardener with the documents of the partnership.
If you feel that the board is impudently fooling the gardeners, that one thing is said at the meeting, but something completely different is written in the decision, if the authority of the meeting is in doubt, then you should see the documents with your own eyes. And you, as a member of the SNT, have the right to do so. Without reading the minutes of the meetings, your guesses are groundless.
Why do we need dacha or garden associations: SNT, DNT, garden or dacha cooperatives? First of all, to create comfortable conditions for using their personal land plots, dachas, garden houses.
To meet their needs for passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs, gardeners and summer residents create public property at their own expense.
To public property include roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire fighting and similar facilities.
In SNT 1 is common property is created (acquired) at the expense of earmarked contributions. The law, establishing the obligation of members of the SNT to participate in the creation of common property, regulates the procedure for establishing earmarked contributions and their payment. This is a guarantee of the rights of gardeners from abuse of the governing bodies of SNT and individuals in the governing bodies of the association.
Of course, in this article we will not talk about how not to pay garden fees at all, but about how how not to pay illegally established targeted contributions, as well as to counteract other abuses in their establishment and collection.
Below, based on our practice, we will consider the most common questions about earmarked contributions.
1. Check what the target contribution is set for?
What fees do I have to pay in SNT?
Law on horticultural associations 2 provides for three types of fees: admission, membership and target.
| Payment type | Target | Periodicity |
|---|---|---|
| Entrance fee | For organizational expenses for paperwork when joining the SNT (paragraph 6 of article 1 of the Law on Horticultural Associations). | One-time payment |
| Membership fee | 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 (paragraph 7, article 1 of the Law on Horticultural Associations). | Periodic payment |
| Target contribution | For the acquisition (creation) of a public facility(paragraph 8, article 1 of the Law on Horticultural Associations). | One-time payment for each common property created/acquired (can be divided into several parts). |
1 Next, we will talk about gardening partnerships, since dacha and gardening partnerships do not differ from SNT in matters of establishing and collecting earmarked contributions. Questions about contributions to garden, dacha and horticultural cooperatives will be considered in separate articles.
2 of the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens."
As you can see, the target contribution is set only for acquisition (creation) public facilities.
If the target contribution is set for you for other purposes (covering legal expenses, a bonus to the chairman of the board of SNT, a tax on common land, organizing a holiday on the occasion of the harvest, etc.), the establishment of such a contribution is illegal!
So, representing the interests of the defendant-gardener in one of the cases, we succeeded in dismissing the claim to recover from him in favor of SNT a targeted contribution to cover the legal costs of SNT incurred by the partnership in litigation with other gardeners.
2. Who is required to pay the target fee?
The Law on Horticultural Associations provides that joining the SNT is voluntary. Therefore, those gardeners who did not wish to become a member of the SNT are gardening on the territory of the SNT individually.
Based on the definition of a targeted contribution (Article 1 of the Law on Horticultural Associations), targeted contributions are paid only members of the SNT.
In practice, questions often arise about what fees an individual gardener should pay, should an individual gardener pay a targeted fee?
Individual gardener not required to pay neither targeted nor any other contributions that are established in the SNT.
The law provides only the right of such gardeners share in the costs for the acquisition (creation) of public facilities. In this case, the amount of payment for the use of such property cannot exceed the amount of payment for such gardeners, which is established for members of the SNT (Article 8 of the Law on Horticultural Associations).
The only thing that you are obliged to pay as an individual gardener is a fee for the use of common facilities on the basis of an agreement concluded with SNT.
3. The procedure for establishing the target contribution and its amount.
According to the law, the amount of contributions to the SNT is established exclusively by the general meeting of members of the SNT (clause 10, clause 1, article 21 of the Law on Horticultural Associations).
If the target contribution is established by another body, for example, the Board, such a contribution is illegal!
In practice, many SNT Statutes delegate the authority to set fees to the Board or the Chair of the SNT. However, according to the Law on Horticultural Associations, this issue falls within the exclusive competence of the general meeting of members of the SNT, therefore, such a provision of the Charter will be invalid, since it is contrary to the law (clause 5, article 16 of the Law on Horticultural Associations).
In cases in which we protect the rights of gardeners and summer residents, the establishment of a targeted contribution by the SNT Board is the most common reason for refusing to collect debts on targeted contributions.
4. Should a new member of the SNT, by purchasing a plot from a former member of the SNT, pay off his debts on contributions?>
There are cases when, upon joining the SNT, the Chairman requires the new member of the SNT to pay off the debt on special-purpose or membership fees.
Debt may be transferred from the debtor to another person on the grounds prescribed by law, or by agreement between the former member of the SNT and the new member with the obligatory consent of the SNT to such a transfer of debt (clause 1 of article 392.2, clauses 1 and 2 of article 391 of the Civil Code of the Russian Federation).
The law does not contain provisions that a new member of the SNT, when acquiring a land plot, transfers the debts of the previous member of the SNT. Therefore, if there is no debt transfer agreement between the old and new member of the SNT, it is illegal to demand that the new member of the SNT repay the debt!
5. Is it possible to recover from a gardener who has lost his membership in the SNT, the debt on earmarked contributions?
Based on our judicial practice on the protection of the rights of gardeners, we believe that this question must be answered in the negative.
By its legal nature, a target contribution is the price that a member of the SNT must pay in order to “buy” a share in joint ownership of a common use object. For example, by paying a target contribution for the construction of power grid facilities, a member of the SNT receives a share in the common ownership of these facilities.
By law, common property acquired with earmarked contributions can only be owned by members of the SNT (clause 2, article 4 of the Law on Horticultural Associations). If a member of the SNT, prior to leaving the SNT, did not pay the target contribution, then, based on the logic of the law, he did not acquire the ownership of the common property and, having left the SNT, he will not acquire it. And if so, then the recovery from him of the cost of this share will be unjust enrichment of the remaining members of the SNT, which is illegal (Article 1102 and Clause 1 of Article 1104 of the Civil Code of the Russian Federation).
In addition, such a penalty is meaningless from another point of view. For example, the court ordered former member SNT Ivanova RUB 50,000.00 arrears in targeted contributions for the construction of the road, which means that the court recognized that Ivanov had a share in the joint ownership of the road. In connection with the withdrawal from the SNT, he must be returned the cost of his share on the road, which is usually recognized by the court as equal to the size of the target contribution. That is, the SNT, having recovered from the former member of the SNT the debt on the targeted contribution for the road, must return this contribution to him in connection with the withdrawal from the SNT.
It turns out that when leaving the SNT, the obligation to pay the debt earmarked contributions such a gardener stops. It makes sense to collect debts on earmarked contributions only from the current member of the SNT, but not from the former.
We examined the main problems, but not all, that gardeners and summer residents face in the courts when establishing, paying and collecting targeted contributions from them.
© Kovalev Nikolay Nikolaevich
New law on gardeners, which entered into force on 01/01/2019, changed legal regulation activities of SNT bodies, incl. Chairman of the partnership, which should be reflected in the new Charter of SNT 2019.
On January 01, 2019, a new law on SNT-FZ dated 29.2017 No. 217-FZ “On the conduct by citizens of gardening and horticulture for their own needs and on amending certain legislative acts of the Russian Federation” came into force.
On January 01, 2019, the new law on SNT-FZ dated 29.2017 No. 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” finally came into force.
The new law on gardeners has changed the legal regulation of the activities of SNT bodies, incl. Boards of garden partnerships, which should be reflected in the new Charter of SNT 2019. In this regard, it is necessary to restructure to work according to the new rules, incl. and the Board, which was elected before 01/01/2019.
From January 01, 2019, the Federal Law of 29.2017 No. 217-FZ “On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation” comes into force. It replaces the Federal Law of April 15, 1998 366-FZ "On horticultural, gardening and country non-profit associations of citizens."
When rendering legal assistance gardeners our lawyers for SNT recent times are increasingly faced with the following question: “Does the new owner of the land plot need to pay contributions for the dacha he acquired, which the previous owner did not pay before the sale of the land”?
Often, during a divorce, an unscrupulous spouse tries to take the business out of the division of joint property, for example, by selling shares in a joint company to third parties at low prices.
In connection with the numerous questions of gardeners, our SNT lawyers explain the question of whether it is possible to use such a document as "Project of organization and development" Or is it completely cancelled? A word to our dacha lawyers.
Due to the numerous questions from gardeners, our gardening partnership lawyers would like to clarify In what organizational and legal forms can horticultural, horticultural and dacha non-profit associations be transformed?
Who can be a member of a horticultural, horticultural or dacha non-profit partnership (hereinafter referred to as SNT), the procedure for admission to SNT membership, withdrawal and expulsion from SNT members.
Admission to and withdrawal from the SNT
By virtue of paragraph 1 of Article 18 of the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, horticultural and dacha non-profit associations of citizens”, citizens of the Russian Federation can be members of a horticultural, horticultural or dacha non-profit partnership Federations who have reached the age of eighteen years and have land plots within the boundaries of such a partnership (partnership).
According to paragraph 4 of article 18 of the Federal Law of April 15, 1998 No. 66-ФЗ “On horticultural, horticultural and dacha non-profit associations of citizens”, persons joining such an association are accepted as members by the general meeting of members of a horticultural, horticultural or dacha non-profit association. The same follows from subparagraph 2 of paragraph 1 of Article 21 of the Law, according to which the exclusive competence of the general meeting of members of a horticultural, horticultural and dacha non-profit association (meeting of authorized persons) includes admission to membership in such an association and exclusion from its members.
These provisions established that a member of the SNT can be a citizen who owns a land plot located on the territory (within the boundaries) of a given horticultural, horticultural or dacha non-profit partnership. For example, if the buyer has acquired a land plot within the boundaries of this SNT under a sale and purchase agreement, then he has the right to apply for admission to the SNT, and the seller to withdraw from it, since he no longer has the land, and he cannot be a member SNT. The decision on admission is made by the general meeting of members of the SNT or a meeting of authorized persons.
However, in practice, difficulties arise with holding a general meeting, since, according to paragraph 2 of Article 21 of the Law, a 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.
No one will convene an extraordinary meeting just to decide the issue of accepting one person as a member of the SNT. Therefore, we will have to wait for the next meeting, which, as a rule, is held once a year.
This issue can be resolved more quickly if "authorized persons" are elected from among its members in this SNT. In this case, the meeting of authorized representatives has the same powers as the general meeting of members of a horticultural, horticultural or dacha non-profit association.
In accordance with paragraph 5 of article 18 of the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, horticultural and dacha non-profit associations of citizens”, each member of a horticultural, horticultural or dacha non-profit association within three months from the date of admission to its members of the board of such an association is obliged to issue a membership book or other document replacing it.
For a voluntary withdrawal from the SNT, a general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is not required. The decision on this issue is within the competence of the board of the SNT (clause 19, clause 3, article 22 of the Law) and the chairman of the board of the SNT (clause 8, clause 2, article 23 of the Law), and is adopted on the basis of an application from a member of the SNT to withdraw from it.
Expulsion from SNT members
It is necessary to distinguish between voluntary withdrawal from SNT membership and exclusion from SNT membership. As mentioned above, voluntary withdrawal is carried out on the basis of an application from a member of the SNT, which is considered by the board of the SNT or the chairman of the board of the SNT. The issue of exclusion from members of the SNT falls within the competence of the general meeting of members of a horticultural, horticultural or dacha non-profit association (clause 2, clause 1, article 21 of the Law).
Paragraph 4 of Article 16 of the Federal Law of April 15, 1998 No. 66-FZ “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens” establishes that 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 are indicated in the charter of a horticultural, horticultural or dacha non-profit association.
Often, the following are indicated as grounds for exclusion from members of the SNT:
- non-payment of contributions in the manner and within the time limits established by the charter;
- use of own land for other purposes;
- systematic failure to comply with the requirements of the charter and internal regulations of the SNT, as well as failure to comply with the decisions of the general meeting of members of the partnership (meeting of authorized persons);
- violation of land, forest, water, urban planning legislation, legislation on sanitary and epidemiological well-being and fire safety.
In addition, given that the charter should also indicate other measures of influence for these violations, it is often possible to find such a clause in the charter that, before being expelled from the SNT members, the violator is warned about the need to eliminate the violations that are the basis for exclusion. Therefore, at the first violation, it is impossible to put the issue of exclusion from the SNT on the agenda of the general meeting, but you must first warn the violator.
However, in order to clarify the issue of the legality of exclusion from members of the SNT, it is necessary to look at the charter of a particular partnership, since the grounds for exclusion may differ in different SNTs.
It is necessary to pay attention to the fact that exclusion from the members of the SNT does not automatically entail the deprivation of the right to a land (dacha) plot, since it is allowed to own and use a garden land plot on an individual basis by a person who is not a member of the SNT.
For example, according to paragraphs 1 and 2 of Article 8 of the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, horticultural and dacha non-profit associations of citizens”, citizens have the right to garden, garden or dacha economy on an individual basis.
Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association have the right to use the infrastructure 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. form in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association.
Also, by virtue of subparagraph 9, paragraph 1, article 19 of the Law, a member of a horticultural, horticultural or dacha non-profit association has the right to: 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 public property.
Similar rights are enjoyed by a citizen and expelled from the members of the SNT.
Forcibly, a citizen can be deprived of a land plot only in a judicial proceeding, that is, on the basis of a court decision that has entered into force. The grounds and procedure for the forced deprivation of the right to a land plot are established by the Land Code of the Russian Federation.
Thus, according to subparagraph 1, paragraph 2, article 45 of the Land Code of the Russian Federation, the right to permanent (perpetual) use of a land plot, the right to inheritable possession of a land plot for life are terminated forcibly in case of improper use of the land plot, namely:
land use with gross violation rules rational use land, including if the site is not used in accordance with its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation;
land damage;
non-fulfillment of obligations for land reclamation, mandatory measures for land improvement and soil protection;
failure to fulfill obligations to bring land into a condition suitable for use for its intended purpose;
non-use of a land plot intended for agricultural production or housing or other construction for the specified purposes for three years, unless a longer period is established federal law. This period does not include the time required for the development of the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or due to other circumstances precluding such use.
Compulsory termination of the right to lifelong inheritable possession of a land plot, the right to permanent (unlimited) use of a land plot on the grounds specified in subparagraph 1 of paragraph 2 of Article 45 of this Code is carried out on the basis of a judicial act on the seizure of a land plot that has entered into legal force (provided that improper use is not eliminated land after the imposition of an administrative penalty), except for cases (clause 1, article 54 of the Labor Code of the Russian Federation).
If the land (country) plot belongs to a member of the SNT on the basis of ownership, then in accordance with Article 44 of the Land Code of the Russian Federation, the ownership of the land plot is terminated due to the forced withdrawal from the owner of his land plot in the manner prescribed by civil law.
In addition, it must be borne in mind that the seized land plot does not become the property of the SNT, but the property of the municipality on whose territory it is located.