Federal Law No. 66-FZ of April 15, 1998
"On horticultural, horticultural and dacha non-profit associations of citizens"

Chapter I. General Provisions

Article 1. Basic concepts

For the purposes of this federal law the following basic concepts are used:

garden land plot - a land plot provided to a citizen or acquired by him for growing fruits, berries, vegetables, melons or other crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures) ;

garden land plot - a land plot provided to a citizen or acquired by him for growing berries, vegetables, melons or other crops and potatoes (with or without the right to erect a non-capital residential building and outbuildings and structures, depending on the permitted use of the land plot, determined under zoning of the territory);

dacha land plot - a land plot provided to a citizen or acquired by him for the purpose of recreation (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and outbuildings and structures, as well as with the right to grow fruit, berry , vegetables, melons or other crops and potatoes);

horticultural, horticultural or dacha non-profit association of citizens (horticultural, horticultural or dacha non-profit partnership, horticultural, horticultural or dacha consumer cooperative, horticultural, horticultural or dacha non-profit partnership) - a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social -economic tasks of gardening, horticulture and dacha economy(hereinafter referred to as a horticultural, horticultural or dacha non-profit association);

entrance fees - cash contributed by members of a horticultural, horticultural or dacha non-profit association for organizational expenses for paperwork;

membership fees - funds periodically contributed by members of a horticultural, horticultural or dacha non-profit association for the maintenance of property common use, remuneration of employees who have concluded employment contracts with such an association, and other current expenses of such an association;

targeted contributions - funds contributed by members of a horticultural, horticultural or dacha non-profit partnership or a horticultural, horticultural or dacha non-profit partnership for the acquisition (creation) of public facilities;

share contributions - property contributions made by members of a horticultural, horticultural or dacha consumer cooperative for the acquisition (creation) of common property;

additional contributions - funds contributed by members of a horticultural, gardening or dacha consumer cooperative to cover losses resulting from the implementation of measures approved by the general meeting of members of a consumer cooperative;

public property - property (including land plots) intended to provide, within the territory of a horticultural, gardening or country non-profit association, the needs of members of such a non-profit association in the passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, garbage collection sites, fire protection facilities, etc.).

Article 2. Subject of regulation and scope of this Federal Law

1. This Federal Law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of horticulture, horticulture and dacha farming by citizens, and establishes the legal status of horticultural, horticultural and dacha non-profit associations, including the specifics of their civil law status ( paragraph 4 of Article 49 of the Civil Code of the Russian Federation).

Land relations arising in connection with the creation of horticultural, horticultural or dacha non-profit associations, as well as in connection with the activities of such associations, this Federal Law regulates to the extent that they are not regulated by the legislation of the Russian Federation.

2. This Federal Law applies to all horticultural, horticultural and dacha non-profit associations created on the territory of the Russian Federation, as well as to previously established horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives.

Article 3

Legal regulation gardening, horticulture and dacha farming by citizens is carried out in accordance with the Constitution of the Russian Federation, civil, land, town planning, administrative, criminal and other legislation of the Russian Federation, this Federal Law, other regulatory legal acts of the Russian Federation, as well as laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.

Chapter II. Forms of horticulture, horticulture and dacha farming by citizens

Article 4

1. Citizens in order to exercise their rights to receive garden, garden or country land plots, possession, use and disposal of these land plots, as well as in order to meet the needs associated with the exercise of such rights, may create horticultural, horticultural or dacha non-profit partnerships, horticultural, horticultural or dacha consumer cooperatives or horticultural, horticultural or dacha non-profit partnerships.

2. In a horticultural, horticultural or dacha non-commercial partnership, common use property acquired or created by such a partnership at the expense of earmarked contributions is the joint property of its members. Common property acquired or created at the expense of a special fund formed by decision general meeting horticultural, horticultural or dacha non-profit partnership is the property of such a partnership as a legal entity. The special fund consists of entrance and membership fees of members of such a partnership, income from its economic activity, as well as funds provided to a horticultural, horticultural or dacha non-profit partnership in accordance with Articles 35, 36 and 38 of this Federal Law, other receipts. The funds of the special fund are spent for purposes corresponding to the tasks provided for by the charter of such a partnership.

Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.

3. Members of a horticultural, horticultural or dacha consumer cooperative, through the pooling of share contributions, create common property owned by such a cooperative as a legal entity. Part of the said property may be allocated to an indivisible fund.

Members of a horticultural, horticultural or dacha consumer cooperative are obliged to annually cover the resulting losses by making additional contributions, and also bear subsidiary liability for the obligations of such a cooperative within the unpaid part of the additional contribution of each of the members of such a cooperative.

4. In a horticultural, horticultural or dacha non-commercial partnership, common property acquired or created by such a partnership with contributions from its members shall be the property of the horticultural, horticultural or dacha non-commercial partnership as a legal entity.

Members of a horticultural, horticultural or dacha non-profit partnership are not liable for its obligations, and such a partnership is not liable for the obligations of its members.

Article 5

1. A horticultural, horticultural or dacha non-profit association has a name containing an indication of its organizational and legal form and the nature of its activities and, accordingly, the words "non-profit partnership", "consumer cooperative", "non-profit partnership".

2. The location of a horticultural, horticultural or dacha non-profit association is determined by the place of its state registration.

Article 6

1. A horticultural, horticultural or dacha non-profit association, as a non-profit organization, has the right to carry out entrepreneurial activity corresponding to the goals for which it was created.

2. A horticultural, horticultural or dacha non-profit association is considered established from the moment of its state registration, owns separate property, income and expenditure estimates, a seal with the full name of such an association in Russian or in Russian and the state language of the corresponding republic.

3. A horticultural, horticultural or dacha non-profit association has the right to open bank accounts in the Russian Federation in accordance with the established procedure, to have stamps and letterheads with its name, as well as an emblem registered in accordance with the established procedure.

Article 7

A horticultural, horticultural or dacha non-profit association, in accordance with civil law, has the right to:

carry out the actions necessary to achieve the goals provided for by this Federal Law and the charter of such an association;

be liable for their obligations with their property;

acquire and exercise property and non-property rights on its own behalf;

attract borrowed funds;

conclude contracts;

act as a plaintiff and defendant in court;

go to court court of Arbitration with applications for the invalidation (in whole or in part) of acts of state authorities, acts of local governments or violations by officials of the rights and legitimate interests of a horticultural, gardening or dacha non-profit association;

create associations (unions) of horticultural, horticultural or dacha non-profit associations;

to exercise other powers that do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Article 8

1. Citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis.

2. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association shall have the right to use infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association.

In the event of non-payment of the fees established by agreements for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association, on the basis of a decision of the board of such an association or a general meeting of its members, citizens engaged in horticulture, horticulture or dacha farming on an individual basis are deprived of the right to use the objects infrastructure and other common property of a horticultural, horticultural or dacha non-profit association. Non-payments for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association are recovered in court.

Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure facilities and other common property of such an association.

The amount of payment for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association for citizens engaged in horticulture, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, may not exceed the amount of payment for use of the said property for the members of such an association.

Article 9

1. Horticultural, horticultural and dacha non-profit associations may create local and inter-district associations (unions).

Decisions on the participation of horticultural, horticultural and dacha non-profit associations in a local or interdistrict association (union) are made by general meetings of members of such associations.

Draft constituent agreements and draft charters of local or inter-district associations (unions) are approved by general meetings of members of horticultural, horticultural and dacha non-profit associations and signed by the chairmen of the boards of such associations.

2. Local and inter-district associations (unions) have the right to create regional (territorial, regional, republican, district) associations (unions).

Decisions on the participation of local and inter-district associations (unions) in regional associations (unions) are made at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (inter-district) associations (unions).

Draft constituent agreements and draft charters of regional associations (unions) are approved at conferences of delegates of horticultural, horticultural and dacha non-profit associations - members of local (interdistrict) associations (unions) and signed by the chairmen of the boards of local and interdistrict associations (unions).

3. Regional associations (unions) may create a federal association (union).

Decisions on the participation of regional associations (unions) in the federal association (union) are made at conferences of delegates of local and interdistrict associations (unions) - members of the respective regional associations (unions).

The draft constituent agreement and the draft charter of the federal association (union) are approved at conferences of delegates of local and interdistrict associations (unions) - members of the relevant regional associations (unions) and signed by the chairmen of the boards of regional associations (unions).

4. Local, inter-district, regional (territorial, regional, republican, district) and federal associations (unions) are created in order to coordinate the activities, represent and protect the interests of horticultural, horticultural and dacha non-profit associations in relations with state authorities, local governments, public and other organizations, as well as for the purpose of providing information, legal and other services in the field of horticulture, horticulture and dacha farming.

5. Local, inter-district, regional and federal associations (unions) are non-profit organizations.

6. A member of an association (union) retains its independence and the right of a legal entity.

7. The name of an association (union) must contain an indication of the main purpose of its members and the word "association" ("union").

8. Financing of the activities of the governing bodies of the association (union) is carried out at the expense of the contributions of their founders.

9. An association (union) of horticultural, horticultural or dacha non-profit associations is not liable for the obligations of its members, and the members of such an association (union) bear subsidiary liability for its obligations in the amount and in the manner established by the constituent documents of such an association (union).

10. Association (union) of horticultural, horticultural or dacha non-profit associations has the right to participate in the activities international organizations gardeners, gardeners and summer residents in the manner prescribed by these organizations.

11. The procedure for the creation, reorganization or liquidation of an association (union) of horticultural, horticultural or dacha non-profit associations, the composition and competence of its management bodies, as well as the activities of such an association (union) are regulated by the Federal Law "On non-profit organizations", the Federal Law "On Public Associations", other federal laws, founding agreement and the charter of the association (union).

12. A local, inter-district or regional association (union) of horticultural, horticultural or dacha non-profit associations may be given the right to check the economic and financial activities such associations with the presentation of the results of the audit to the boards of horticultural, horticultural or dacha non-profit associations and general meetings of their members.

Article 10

1. Horticultural, horticultural and dacha non-profit associations and associations (unions) of such associations have the right to open their representative offices on the territory of the Russian Federation. Representative offices can be opened at organizations that produce or sell planting material for crops, fertilizers, means of protecting crops from pests and diseases, Construction Materials, agricultural machinery and inventory, agricultural and other products.

2. The representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is separate subdivision, located outside the location of a horticultural, horticultural or dacha non-profit association or association (union) of such associations, representing their interests and protecting them.

3. A representative office of a horticultural, horticultural or dacha non-profit association or an association (union) of such associations is not a legal entity, is endowed with the property of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it and acts on the basis of an approved by such an association or association ( union) provisions. The property of the said representative office is located in its operational management and is accounted for on a separate balance sheet and on the balance sheet of the horticultural, horticultural or dacha non-profit association or association (union) of such associations that created it.

4. A representative office of a horticultural, horticultural or dacha non-profit association or association (union) of such associations operates on behalf of the association or association (union) of such associations that created it. Responsibility for the activities of the representative office shall be borne by the horticultural, horticultural or dacha non-profit association that created it or the association (union) of such associations.

The head of the representative office is appointed by a horticultural, horticultural or dacha non-profit association or an association (union) of such associations and acts on the basis of a power of attorney issued by such an association or association (union).

Article 11. Mutual lending funds and rental funds

1. Gardeners, gardeners and summer residents have the right to create mutual lending funds, rental funds, other funds in the manner prescribed by the Civil Code of the Russian Federation.

2. Mutual lending funds are created for the purpose of providing loans for the construction and repair of residential buildings, residential buildings, utility buildings and structures, the improvement of garden, vegetable garden and summer cottage land plots. Loans are issued only to the founders of a mutual lending fund.

The Mutual Lending Fund operates on the basis of the charter approved by the founders.

The charter of a mutual lending fund, in addition to the information specified in Articles 52, 118 of the Civil Code of the Russian Federation, must contain:

information about the amount of the founder's contribution;

information about the objects of lending;

order of priority for granting a loan;

rules for conducting cash transactions;

scroll officials authorized to lead cash transactions;

compliance control procedure cash discipline and responsibility for its violation;

the procedure for auditing the mutual lending fund;

information about the banks in which the cash of the mutual lending fund is kept.

3. Rental funds are created by gardeners, gardeners and summer residents in order to provide the founders of horticultural, horticultural and dacha non-profit associations with modern means of production used in the construction and repair of residential buildings, residential buildings, utility buildings and structures, improvement and processing of garden, garden and dacha land plots.

The rental fund operates on the basis of the charter approved by the founders.

The charter of the rental fund, in addition to the information specified in Articles 52 and 118 of the Civil Code of the Russian Federation, must contain:

information on the amount of the founder's target contribution;

a list of means of production purchased for the rental fund;

the procedure for providing gardeners, gardeners and summer residents with means of production for temporary use;

a list of officials responsible for organizing the work of the rental fund.

Chapter III. Provision of land plots for horticulture, horticulture and dacha farming

Article 12. Has become invalid since March 1, 2015 (Federal Law No. 171-FZ dated June 23, 2014).

Article 13

1. Providing citizens with garden, garden and summer cottages is the responsibility of local governments at the place of residence of citizens.

2. Registration and registration of applications of citizens in need of obtaining garden, garden or country plots of land are maintained by local self-government bodies separately. The sequence of granting garden, garden or country plots of land is determined on the basis of registration of the relevant applications.

Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, have a pre-emptive right to receive garden, garden or summer cottage land plots are included in a separate list.

The lists of citizens who have submitted an application for the provision of a garden, garden or country plot of land, and changes in these lists, are approved by the local government and brought to the attention of interested citizens.

3. Has expired. - Federal Law of June 26, 2007 N 118-FZ.

4. The local self-government body, on the basis of an approved list of citizens who have submitted an application for the provision of a garden, vegetable garden or dacha land plot, determines the needs for garden, garden or dacha land plots. The calculation is made on the basis of the established norms for the provision of land plots, taking into account the need for the placement of common property.

5. Repealed (Federal Law No. 118-FZ of June 26, 2007).

Article 14

1. Provision of land plots for horticulture, horticulture and dacha farming is carried out in accordance with the Land Code of the Russian Federation, taking into account the specifics established by this article.

2. The maximum size of a land plot, which is located in the state or municipal property and can be provided for gratuitous use to a horticultural or horticultural non-profit association, cannot exceed the area calculated as the sum of the area of ​​garden or garden land plots and the area of ​​land plots to be classified as common use property.

In order to determine the maximum size of a land plot that is in state or municipal ownership and can be provided for free use to a horticultural or horticultural non-profit association, the area of ​​garden or horticultural land plots that will be formed to be provided to members of a horticultural or horticultural non-profit association is determined as the product the number of members of the specified association and the established maximum size of such land plots. The area of ​​land plots to be classified as public property is determined in the amount of twenty-five percent of the area of ​​garden or garden land plots, determined in accordance with the rules provided for by this paragraph.

3. Land plots formed in accordance with the project of surveying the territory from a land plot provided to a horticultural, horticultural or dacha non-profit association are provided to members of such an association in accordance with the distribution of land plots formed or being formed into ownership or lease without bidding in the manner established by the Land code of the Russian Federation. Garden, garden or dacha plots of land are provided free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.

4. The distribution of land plots formed or being formed between members of a horticultural, horticultural or dacha non-profit association to which land plots are provided in accordance with paragraph 3 of this article, indicating the conditional numbers of land plots in accordance with the land survey project, is carried out on the basis of a decision of the general meeting of members of the relevant association ( meetings of delegates).

Article 15 - Federal Law of June 23, 2014 N 171-FZ.

Chapter IV. Creation of horticultural, horticultural and dacha non-profit associations. rights and obligations of members of horticultural, horticultural and dacha non-profit associations

Article 16

1. A horticultural, horticultural or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or as a result of the reorganization of a horticultural, horticultural or dacha non-profit association.

2. The number of members of a horticultural, horticultural or dacha non-profit association must be at least three people.

3. The founding document of a horticultural, horticultural or dacha non-profit association is the charter approved by the general meeting of the founders of the non-profit association.

4. The charter of a horticultural, horticultural or dacha non-profit association must specify:

organizational and legal form;

name and location;

the subject and goals of the activity;

the procedure for admission to membership in such an association and withdrawal from it;

the rights and obligations of such an association;

the rights, duties and responsibilities of the members of such an association;

the procedure for making entrance, membership, target, share and additional contributions and the liability of members of such an association for violation of obligations to make these contributions;

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

the procedure for the participation of a member of such an association in work performed collectively on the basis of a decision of the general meeting of members of such an association or a meeting of authorized persons or on the basis of a decision of the board of such an association;

the structure and procedure for the formation of management bodies of such an association, their competence, the procedure for organizing activities;

the composition and competence of the control bodies of such an association;

the procedure for the formation of the property of such an association and the procedure for paying the value of a part of the property or issuing a part of the property in kind in the event of a citizen withdrawing from the membership of such an association or liquidating such an association;

terms of remuneration for employees who have concluded employment contracts with such an association;

the procedure for changing the charter of such an association;

the grounds for and procedure for exclusion from the membership of such an association and the application of other measures of influence for violation of the charter or internal regulations of such an association;

the procedure for reorganization and the procedure for the liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, horticultural or dacha non-profit associations, the procedure for opening its representative office;

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

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

The charter of a horticultural, horticultural or dacha consumer cooperative also indicates the liability of the members of such a cooperative for its debts.

The charter of a horticultural, horticultural or dacha non-profit partnership also indicates the procedure for the formation of a special fund that is the property of such a partnership.

5. The provisions of the charter of a horticultural, horticultural or dacha non-profit association may not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

6. Decisions of the governing bodies of a horticultural, horticultural or dacha non-profit association may not contradict its charter.

Article 17

State registration horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the federal law on state registration legal entities.

2 - 5. Excluded (Federal Law of March 21, 2002 N 31-FZ).

Article 18

1. Citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of such a partnership (partnership) may be members of a horticultural, horticultural or dacha non-profit partnership (horticultural, horticultural or dacha non-profit partnership).

Citizens of the Russian Federation who have reached the age of sixteen and have land plots within the boundaries of such a cooperative may be members of a horticultural, horticultural or dacha consumer cooperative.

2. Members of a horticultural, horticultural or dacha non-profit association may be, in accordance with civil law, the heirs of members of a horticultural, horticultural or dacha non-profit association, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of gifts or other land transactions.

3. Foreign citizens and stateless persons may become members of horticultural, horticultural or dacha non-profit associations. The rights of foreign citizens and stateless persons to garden, garden, country plots of land are determined in accordance with the legislation of the Russian Federation.

4. The founders of a horticultural, horticultural or dacha non-profit association shall be considered accepted as members of such an association from the moment of its state registration. Other persons joining such an association are accepted as members by the general meeting of members of the horticultural, horticultural or dacha non-profit association.

5. Each member of a horticultural, horticultural or dacha non-profit association within three months from the date of admission to its members, the board of such an association must issue a membership book or other document replacing it.

Article 19

1. A member of a horticultural, horticultural or dacha non-profit association has the right to:

1) elect and be elected to the management bodies of such an association and its control body;

2) receive information about the activities of the governing bodies of such an association and its control body;

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

3) manage independently on their land plot in accordance with its permitted use;

4) to carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of a residential building, utility buildings and structures - on a garden plot of land; a residential building or a residential building, utility buildings and structures - on a summer cottage; non-capital residential buildings, utility buildings and structures - on a garden plot;

5) dispose of their land and other property in cases where they are not withdrawn from circulation or restricted in circulation on the basis of the law;

6) in the event of the alienation of a garden, vegetable garden or dacha land plot, simultaneously alienate to the acquirer a share of common-use property as part of a horticultural, horticultural or dacha non-profit partnership in the amount of earmarked contributions; a property share in the amount of a share contribution, with the exception of the part that is included in the indivisible fund of a horticultural, horticultural or dacha consumer cooperative; buildings, structures, structures, fruit crops;

7) upon liquidation of a horticultural, horticultural or dacha non-profit association, to receive the due share of common use property;

8) apply to the court to invalidate the decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association or a meeting of authorized persons, as well as decisions of the board and other bodies of such an association that violate his rights and legitimate interests;

9) voluntarily withdraw from a horticultural, horticultural or dacha non-profit association with the simultaneous conclusion of an agreement with such an association on the procedure for the use and operation of engineering networks, roads and other common property;

10) carry out other actions not prohibited by law.

2. A member of a horticultural, horticultural or dacha non-profit association must:

1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;

2) bear subsidiary liability for the obligations of a horticultural, horticultural or dacha consumer cooperative within the limits of the unpaid part of the additional contribution of each of the members of such a cooperative;

3) use the land plot in accordance with its intended purpose and permitted use, not damage the land as a natural and economic object;

4) not violate the rights of members of such an association;

5) comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;

6) timely pay membership and other fees provided for by this Federal Law and the charter of such an association, taxes and payments;

7) to develop a land plot within three years, unless another period is established by land legislation;

8) comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations);

9) participate in events held by such an association;

10) participate in general meetings of members of such an association;

11) implement the decisions of the general meeting of members of such an association or the meeting of authorized persons and the decisions of the board of such an association;

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

12) comply with other requirements established by laws and the charter of such an association.

Article 19.1. Register of members of a horticultural, horticultural or dacha non-profit association

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

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

3. The register of association members must contain:

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

2) postal address and (or) address Email on which a member of such an association can receive messages;

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

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

Chapter V

Article 20

1. The governing bodies of a horticultural, horticultural or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.

The general meeting of members of a horticultural, horticultural or dacha non-profit association is supreme body management of such an association.

2. A horticultural, horticultural or dacha non-profit association has the right to hold a general meeting of its members in the form of a meeting of authorized persons.

Representatives of a horticultural, horticultural or dacha non-profit association are elected from among the members of such an association and cannot transfer the exercise of their powers to other persons, including members of a horticultural, horticultural or dacha non-profit association.

The authorized representatives of a horticultural, horticultural or dacha non-profit association are elected in accordance with the charter of such an association, which establishes:

1) the number of members of such an association, from which one representative is elected;

2) the term of office of an authorized such association;

3) the procedure for electing the authorized representatives of such an association (by open voting or by secret ballot using ballots);

4) the possibility of early re-election of the authorized representatives of such an association.

Article 21

1. The exclusive competence of the general meeting of members of a horticultural, horticultural and dacha non-profit association (meeting of authorized persons) includes the following issues:

1) amendments to the charter of such an association and additions to the charter or approval of the charter in new edition;

2) admission to membership in such an association and exclusion from its members;

3) determination of the quantitative composition of the board of such an association, election of members of its board and early termination of their powers;

4) election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of such an association;

5) election of members audit commission(auditor) of such an association and early termination of their powers;

6) election of members of the commission for control over compliance with the legislation and early termination of their powers;

7) making decisions on the organization of representative offices, a mutual lending fund, a rental fund of such an association, on its entry into associations (unions) of horticultural, horticultural or country non-profit associations;

8) approval of the internal regulations of such an association, including the holding of a general meeting of members of such an association (a meeting of authorized persons); the activities of his board; work of the audit commission (auditor); work of the commission on control over observance of the legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; the internal work schedule of such an association;

9) making decisions on reorganization or liquidation of such an association, appointment of a liquidation commission, as well as approval of interim and final liquidation balance sheets;

10) making decisions on the formation and use of the property of such an association, on the creation and development of infrastructure facilities, as well as establishing the size trust funds and related contributions;

11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of such an association;

12) approval of the income and expenditure estimates of such an association and the adoption of decisions on its implementation;

13) consideration of complaints against decisions and actions of members of the board, chairman of the board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials of the mutual lending fund and officials of the rental fund;

14) approval of the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund;

15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law, the mutual lending fund, the rental fund and members of such an association;

16) making a decision on the acquisition of a land plot related to common property in the ownership of such an association;

17) approval of lists of members of a horticultural, horticultural or dacha non-profit association;

18) distribution of land plots formed or being formed among members of a horticultural, horticultural or dacha non-profit association to which land plots are provided in accordance with paragraph 3 of Article 14 of this Federal Law, indicating the conditional numbers of land plots in accordance with the land surveying project;

19) approval of a territory planning project and (or) a land surveying project for the territory of a horticultural, horticultural or dacha non-profit association.

The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) has the right to consider any issues related to the activities of such an association and make decisions on them.

1.1. Decisions on the issue specified in subparagraph 18 of paragraph 1 of this article cannot be taken by a general meeting of members of a horticultural, horticultural or dacha non-profit association held in the form of a meeting of authorized representatives.

2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized persons) is held by decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the proposal of a local government body or at least one fifth total number members of such an association. An extraordinary general meeting of members of such an association (a meeting of authorized persons) on the issue of early termination of the powers of the chairman of the board of the relevant association or early re-election of members of the board of the relevant association may be held in the absence of a decision of the board to hold this meeting, subject to the procedure established by this article for notifying members of the relevant association about holding this meeting.

The board of a horticultural, horticultural or dacha non-profit association is obliged, within seven days from the date of receipt of the proposal of the local government body or at least one fifth of the total number of members of such an association or the request of the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting authorized) to consider the said proposal or demand and make a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives) or to refuse to hold it.

The board of a horticultural, horticultural or dacha non-profit association may refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons) if the procedure established by the charter of such an association for submitting a proposal or making a request to convene an extraordinary general meeting of its members (meeting of authorized persons) has not been observed.

In the event that the board of a horticultural, horticultural or dacha non-profit association makes a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons), the said general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) must be held no later than thirty days from the date of receipt of an offer or request for its implementation. In the event that the board of a horticultural, horticultural or dacha non-profit association has decided to refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons), it informs in writing the audit commission (auditor) of such an association or members of such an association or a local self-government body, requiring an extraordinary general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons), about the reasons for the refusal.

The refusal of the board of a horticultural, horticultural or dacha non-profit association to satisfy a proposal or demand to hold an extraordinary general meeting of members of such an association (meeting of authorized persons) of the audit commission (auditor), members of such an association, local self-government body may appeal in court.

Notification of members of a horticultural, horticultural or dacha non-profit association about a general meeting of its members (a meeting of authorized persons) may be carried out in writing (postcards, letters), by means of appropriate messages in the media mass media, as well as by placing appropriate announcements on information boards located on the territory of such an association, unless its charter establishes a different notification procedure. Notification of holding a general meeting of members of such an association (meeting of authorized persons) shall be sent no later than two weeks before the date of its holding. The notice of holding a general meeting of members of such an association (a meeting of authorized persons) must indicate the content of the issues submitted for discussion.

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

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

Decisions on making changes to the charter of such an association and additions to its charter or on approving the charter in a new edition, exclusion from the membership of such an association, on its liquidation and (or) reorganization, appointment of a liquidation commission and on approval of the interim and final liquidation balance sheets are taken by the general meeting members of such an association (by a meeting of authorized persons) by a two-thirds majority.

Other decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are adopted by a simple majority of votes.

Decisions of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) are brought to the attention of its members within seven days after the date of adoption of these decisions in the manner prescribed by the charter of such an association.

A member of a horticultural, horticultural or dacha non-profit association has the right to appeal to the court the decision of the general meeting of its members (meeting of authorized persons) or the decision of the governing body of such an association, which violate the rights and legitimate interests of a member of such an association.

3. If necessary, the decision of the general meeting of members of a horticultural, horticultural or dacha non-profit association may be taken by absentee voting (by poll).

The procedure and conditions for conducting absentee voting are established by the charter of a horticultural, horticultural and dacha non-profit association and the internal regulations on conducting absentee voting, which should provide for the text of the ballot for absentee voting, the procedure for informing members of such an association of the proposed agenda, familiarizing themselves with the necessary information and documents, making proposals on the inclusion of additional issues on the agenda, as well as an indication of a specific deadline for the end of the absentee voting procedure.

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

Article 22

1. The board of a horticultural, horticultural or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members of such an association (meeting of authorized persons).

In its activities, the board of a horticultural, gardening or dacha non-profit association is guided by this Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, the regulatory legal acts of local governments and the charter of such an association.

The board of a horticultural, horticultural or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such an association (a meeting of authorized persons), unless otherwise provided by the charter of such an association. The number of members of the board is established by the general meeting of members of such an association (meeting of authorized persons).

The issue of early re-election of members of the board may be raised at the request of at least one third of the members of such an association.

2. Meetings of the board of a horticultural, horticultural or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, and also as necessary.

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

Decisions of the board of a horticultural, horticultural or dacha non-profit association are binding on all members of such an association and its employees who have concluded labor contracts with such an association. In case of equality of votes, the vote of the chairman of the board is decisive.

3. The competence of the board of a horticultural, horticultural or dacha non-profit association includes:

1) practical implementation of decisions of the general meeting of members of such an association (meeting of authorized persons);

2) making a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized persons) or to refuse to hold it;

3) operational management of the current activities of such an association;

4) drawing up income and expenditure estimates and reports of such an association, submitting them for approval by the general meeting of its members (meeting of authorized persons);

5) disposal of tangible and intangible assets of such an association to the extent necessary to ensure its current activities;

6) organizational and technical support for the activities of the general meeting of members of such an association (meeting of authorized persons);

7) organization of accounting and reporting of such an association, preparation annual report and submitting it for approval by the general meeting of members of such an association (meeting of authorized persons);

8) organizing the protection of the property of such an association and the property of its members;

9) organizing insurance of the property of such an association and the property of its members;

10) organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;

11) purchase and delivery planting material, garden tools, fertilizers, pesticides;

12) ensuring the office work of such an association and the maintenance of its archive;

13) employment in such an association of persons under employment contracts, their dismissal, encouragement and imposition of penalties on them, keeping records of employees;

14) control over the timely payment of entrance, membership, targeted, share and additional fees;

15) making transactions on behalf of such a combination;

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

17) implementation foreign economic activity such association;

18) compliance by such an association with the legislation of the Russian Federation and the charter of such an association;

19) consideration of applications of members of such an association.

The board of a horticultural, horticultural or dacha non-profit association, in accordance with the legislation of the Russian Federation and the charter of such an association, has the right to make decisions necessary to achieve the goals of the activities of such an association and ensure its normal operation, with the exception of decisions that relate to issues referred to by this Federal Law and the charter of such an association to the competence of the general meeting of its members (meeting of authorized persons).

20) maintaining a register of association members.

Article 23

1. The board of a horticultural, horticultural or dacha non-profit association is headed by a chairman of the board elected from among the members of the board for a term of two years.

The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.

The chairman of the board, in case of disagreement with the decision of the board, has the right to appeal against this decision to the general meeting of members of such an association (meeting of authorized persons).

2. The chairman of the board of a horticultural, horticultural or dacha non-profit association acts without a power of attorney on behalf of such an association, including:

1) chair the meetings of the board;

2) has the right of first signature under financial documents that, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of members of such an association (meeting of authorized persons);

3) signs other documents on behalf of such an association and minutes of the board meeting;

4) on the basis of a decision of the board, enter into transactions and open bank accounts of such an association;

5) issue powers of attorney, including those with the right of substitution;

6) ensures the development and submission for approval of the general meeting of members of such an association (meeting of authorized persons) of the internal regulations of such an association, the provisions on the remuneration of employees who have concluded labor contracts with such an association;

7) carries out representation on behalf of such an association in state authorities, local governments, as well as in organizations;

8) consider applications of members of such an association.

The chairman of the board of a horticultural, horticultural or dacha non-profit association, in accordance with the charter of such an association, performs other duties necessary to ensure the normal operation of such an association, with the exception of duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.

Article 24

1. The chairman of the board of a horticultural, horticultural or dacha non-profit association and the members of its board, in the exercise of their rights and the performance of established duties, must act in the interests of such an association, exercise their rights and fulfill assigned responsibilities conscientiously and reasonably.

2. The chairman of the board of a horticultural, horticultural or dacha non-profit association and members of its board shall be liable to such an association for losses caused to such an association by their actions (inaction). At the same time, the members of the management board who voted against the decision, which entailed the infliction of losses on such a merger, or who did not take part in the voting, are not liable.

The chairman of the board and its members, in case of revealing financial abuses or violations, causing losses to such an association, may be brought to disciplinary, material, administrative or criminal liability in accordance with the law.

Article 25

1. Control over the financial and economic activities of a horticultural, horticultural or dacha non-profit association, including the activities of its chairman, members of the board and board, is carried out by an audit commission (auditor) elected from among the members of such an association by a general meeting of its members consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).

The procedure for the work of the audit commission (auditor) and its powers are governed by the regulation on the audit commission (auditor) approved by the general meeting of members of such an association (meeting of authorized persons).

The audit commission (auditor) is accountable to the general meeting of members of such an association. Re-elections of the audit commission (auditor) may be held ahead of time at the request of at least one quarter of the total number of members of such an association.

2. Members of the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association shall be liable for improper performance of the duties provided for by this Federal Law and the charter of such an association.

3. The audit commission (auditor) of a horticultural, horticultural or dacha non-profit association is obliged to:

1) verify the implementation by the board of such an association and the chairman of the board of decisions of general meetings of members of such an association (meetings of authorized persons), the legality of civil law transactions made by the management bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;

2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one-fifth of the total number of members of such an association or one third of the total number of members of its board;

3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized persons) with the presentation of recommendations on the elimination of identified violations;

4) report to the general meeting of members of such an association (meeting of authorized persons) on all detected violations in the activities of the governing bodies of such an association;

5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications from members of such an association.

4. Based on the results of the audit, when creating a threat to the interests of a horticultural, horticultural or dacha non-profit association and its members, or if abuses are revealed by members of the board of such an association and the chairman of the board, the audit commission (auditor), within its powers, has the right to convene an extraordinary general meeting of members of such an association.

Article 26

1. In order to prevent and eliminate pollution of surface and groundwater, soil and atmospheric air with solid municipal waste and sewage, to comply with sanitary and other rules for maintaining land plots related to public property, garden, garden and summer cottage land plots and adjacent to them territories, ensuring compliance with fire safety rules during the operation of stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history and culture at a general meeting of members of a horticultural, horticultural or country non-profit association (meeting of authorized persons) a commission of such association for the control of compliance with the law, which operates under the direction of the board of such an association.

2. The commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with legislation provides advisory assistance to members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forestry, water legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, on fire safety, draws up acts on violations of the law and submits such acts for taking measures for consideration by the board of such an association, which has the right to submit them to state bodies exercising state control (supervision) in the relevant areas of activity.

State bodies exercising state control (supervision) in the relevant areas of activity provide advisory and practical assistance to the members of this commission and without fail consider the submitted acts on violations of the law.

3. Repealed (Federal Law of October 14, 2014 N 307-FZ).

4. In a horticultural, horticultural or dacha non-profit association, the number of members of which is less than thirty, the commission for monitoring compliance with the legislation may not be elected, its functions are this case assigned to one or more members of the board of such an association.

Article 27

1. Minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association (meetings of authorized persons) are signed by the chairman and secretary of such a meeting; these protocols are certified by the seal of such an association and are kept permanently in its files.

2. The minutes of the meetings of the board and the audit commission (auditor) of a horticultural, horticultural or dacha non-profit association, the commission of such an association for monitoring compliance with the law are signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission (auditor) and the chairman of the commission of such an association for monitoring compliance with compliance with the law; these protocols are certified by the seal of such an association and are kept permanently in its files.

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

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

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

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

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

5) title documents for common property;

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

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

Chapter VI. Features of granting ownership and turnover of garden, vegetable garden and summer cottage land plots

Chapter VII. Organization and development of the territory of a horticultural, horticultural or dacha non-profit association

Article 32

1. The organization and development of the territory of a horticultural or dacha non-profit association, the division of a land plot provided to the relevant association, are carried out on the basis of a territory planning project and a territory surveying project.

The organization of the territory of a horticultural non-profit association, the division of the land plot provided to the relevant association, are carried out on the basis of a land surveying project.

The preparation and approval of the territory planning project and (or) the territory surveying project are carried out in accordance with the Town Planning Code of the Russian Federation. The draft planning of the territory and (or) the draft survey of the territory of a horticultural, horticultural or dacha non-profit association must be approved by the general meeting of members of the relevant association (meeting of authorized persons) before they are approved.

2. Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, garden or dacha land plots, with the exception of the construction of buildings, structures, structures, before the emergence of ownership of such land plots or their lease after their formation and distribution among the members of the relevant association on the basis of a decision of the general meeting of members of the relevant association (meeting of authorized persons).

Article 33 became invalid on March 1, 2015 (Federal Law No. 171-FZ of June 23, 2014).

Article 34

1. The erection of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the territory planning project and (or) the territory surveying project, as well as the town planning regulations.

2. State land supervision over compliance by citizens with the requirements established by land legislation for the use of land plots intended for horticulture, horticulture or dacha farming is carried out in accordance with land legislation.

3 - 5 have become invalid (Federal Law No. 171-FZ dated June 23, 2014).

Chapter VIII. Support for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations by state authorities, local governments and organizations

Article 35

1. Repealed (Federal Law of August 22, 2004 N 122-FZ).

2. Federal authorities executive power, executive authorities of the constituent entities of the Russian Federation, local governments have the right to:

1) enter into the state federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies, specialists in the development of personal subsidiary and summer cottages, gardening and horticulture;

2) has become invalid (Federal Law of August 22, 2004 N 122-FZ);

3) to carry out educational and propaganda work in order to popularize gardening, horticulture or dacha farming;

4) has become invalid (Federal Law No. 122-FZ of August 22, 2004);

5) provide services through the system of state agrotechnical services for the supply of varietal seeds and planting material of agricultural crops, organic and mineral fertilizers, means of protecting crops from pests and diseases;

6) - 7) have become invalid (Federal Law No. 122-FZ of August 22, 2004);

8) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;

9) establish for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations the standards for payment for electricity, water, gas, telephone, determined for rural consumers.

3. Local self-government bodies have the right:

establish local tax incentives for contracting organizations, individual entrepreneurs engaged in the construction of public facilities in horticultural, horticultural and summer cottages non-profit associations;

introduce incentives to pay for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to orchard, garden or summer cottage land and back.

4. Executive authorities of the constituent entities of the Russian Federation, local self-government bodies, organizations have the right to:

1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent of the total amount of contributions;

2) participate in the creation of rental funds by providing funds in the amount of fifty percent of the total amount of contributions to the rental fund;

3) provide funds for the engineering support of the territories of horticultural, horticultural and dacha non-profit associations up to fifty percent of the total estimated costs;

4) reimburse in full the costs of engineering support for the territories of horticultural, horticultural and dacha non-profit associations carried out at the expense of earmarked contributions;

5) provide funds for land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and dacha land plots from erosion and pollution, compliance with environmental and sanitary requirements;

6) sell equipment and materials to gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures;

7) to provide horticultural, horticultural and dacha non-profit associations with products for industrial and technical purposes of state and municipal organizations, waste from construction and other industries.

Local self-government bodies and organizations have the right to take on the balance of roads, power supply systems, gas supply, water supply, communications and other objects of horticultural, gardening and country non-profit associations.

5. State authorities, local self-government bodies and organizations have the right to support the development of horticulture, horticulture and dacha farming in other forms.

Article 36

1. Provision of subventions, reimbursement of expenses incurred by members of horticultural, horticultural and dacha non-profit associations for the engineering support of the territories of such associations, land management and organization of territories of horticultural, horticultural and dacha non-profit associations, restoration and improvement of soil fertility, protection of garden, garden and land plots from erosion and pollution, compliance with environmental and sanitary requirements, participation of state authorities and local governments in the formation of a mutual lending fund, consumer credit unions, and a rental fund are carried out in the manner established by Article 35 of this Federal Law.

2 - 3. Lost force (Federal Law of 08.22.2004 N 122-FZ).

4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures, provision of gardeners, gardeners, summer residents and their horticultural, gardening and dacha non-profit associations with production and technical purposes of state and municipal organizations, waste from construction and other industries are established by the Government of the Russian Federation.

5. Admission to the balance sheet of local governments and organizations of roads, power supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, horticultural or dacha non-profit associations (meetings of authorized persons) in the manner established by the Government of the Russian Federation for social and engineering infrastructures of reorganized and reorganized agricultural organizations.

6. Norms of payment for the use for gardening, horticulture and summer cottages telephone connection, electric energy, gas, the introduction of benefits for paying for the travel of gardeners, gardeners, summer residents and their families on suburban passenger transport to garden, garden or summer cottage land and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

7. The procedure for providing on preferential terms premises, means of telephone communication, office equipment, utilities associations (unions) of horticultural, horticultural and dacha non-profit associations are established by local governments.

Article 37

1. The participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local governments of decisions concerning the rights and legitimate interests of members of such associations is carried out by delegating representatives of such associations or their association (union) to meetings of state authorities or local authorities municipalities that make these decisions.

2. If it is necessary to make a decision regarding the rights and legitimate interests of members of a horticultural, horticultural or dacha non-profit association, the state authority or local self-government body is obliged to notify the chairman of the horticultural, horticultural or dacha non-profit association at least one month in advance about the content of the proposed issues, the date , time and place of their consideration, draft decision.

3. If the decision of a public authority or a local government affects the interests of one or more members of a horticultural, horticultural or dacha non-profit association (laying engineering networks within the boundaries of the land plots of members of such an association, installation of power transmission line supports, etc.), a written consent of the owners is required (owners, users) of these land plots.

4. Participation of gardeners, gardeners, summer residents and their horticultural, gardening and country non-profit associations, associations (unions) of such associations in the preparation and adoption of decisions regarding the rights of gardeners, gardeners, summer residents and their gardening, gardening and country non-profit associations, associations (unions) ) of such associations may be carried out in other forms.

5. A decision of a state authority or a local self-government body that leads to a violation of the rights and legitimate interests of members of horticultural, horticultural and dacha non-profit associations may be appealed to a court.

Article 38

1. Assistance of state authorities and local governments to horticultural, horticultural or dacha non-profit associations is carried out by making appropriate decisions and concluding contracts on the basis of written requests from horticultural, horticultural or dacha non-profit associations.

2. State authorities and local self-government bodies are obliged to assist gardeners, gardeners, dacha residents and their horticultural, horticultural and dacha non-profit associations in the implementation of state registration or re-registration of rights to garden, garden or summer cottage land, buildings and structures located on them, manufacturing boundary plans for garden, vegetable garden and country plots of land in the manner and within the time limits established by law.

Gardeners, gardeners and summer residents who, in accordance with the legislation of the Russian Federation, belong to the category of socially unprotected groups of the population, have the right to apply to local governments with applications to reduce the fee for state registration or re-registration of rights to garden, vegetable garden or summer cottage land plots, buildings and structures located on them, the preparation of boundary plans for these sections. Local self-government bodies accept such applications for consideration if this issue is within their competence. Within a month from the date of registration of such an application, the local self-government body is obliged to make a decision and notify the applicant of the decision in writing.

3. Bodies of state power and bodies of local self-government are obliged to assist horticultural, horticultural and dacha non-profit associations in:

1) carrying out work on the construction and repair of roads, power lines, water supply and sanitation systems, gas supply, communications or connection to existing power lines, water supply and sanitation systems; organization of machine and technical stations, rental funds, shops through decision-making on the conclusion of contracts for the performance of relevant work by state and municipal enterprises, on the organization and conduct of program competitions and investment projects development of infrastructures in the territories of horticultural, horticultural and dacha non-profit associations, on the implementation of joint projects for the development of infrastructures in the territories of such associations, payment of a share of the cost of maintaining infrastructures if these infrastructures are intended to serve the population of the respective territories or if the engineering infrastructure facilities of such associations are accepted in the prescribed manner to the balance of local governments and organizations;

2) ensuring the passage of gardeners, gardeners, summer residents and members of their families to garden, vegetable garden and summer cottage land plots and back by establishing appropriate work schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, monitoring the work of suburban passenger transport;

3) ensuring fire and sanitary safety, protection environment, monuments and objects of nature, history and culture in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation through the creation of commissions to monitor the implementation of legal requirements, which include representatives of horticultural, horticultural or country non-profit associations, state authorities and local governments .

Chapter IX. Reorganization and liquidation of a horticultural, horticultural or dacha non-profit association

Article 39

1. The reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, separation, spin-off, change in organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. When reorganizing a horticultural, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.

3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.

4. The deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with constituent documents for state registration of newly established legal entities or for amending the charter of such an association.

5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly created horticultural, horticultural or dacha non-profit associations.

6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its legal successor, newly emerged legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.

7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.

8. In case of state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.

9. State registration of horticultural, horticultural or dacha non-profit associations newly created as a result of reorganization and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations shall be carried out in the manner established by the law on state registration of legal entities.

Article 40

1. The liquidation of a horticultural, horticultural or dacha non-profit association is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. A demand for the liquidation of a horticultural, horticultural or dacha non-profit association may be filed with a court by a state authority or a local self-government body that has been granted the right to file such a claim by law.

3. Upon liquidation of a horticultural, horticultural or dacha non-profit association as a legal entity, the rights of its former members for land and other real estate.

Article 41

1. A horticultural, horticultural or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or the body that has made a decision to liquidate it shall appoint a liquidation commission and determine, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms for the liquidation of such an association.

3. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the liquidated horticultural, horticultural or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in state authorities, local governments and courts.

4. The body that carries out the state registration of legal entities enters into the unified state register of legal entities information that a horticultural, horticultural or dacha non-profit association is in the process of liquidation.

5. The liquidation commission places in the press, which publishes data on state registration of legal entities, a publication on the liquidation of a horticultural, horticultural or dacha non-profit association, the procedure and deadline for presenting claims of creditors of such an association. The term for submitting creditors' claims may not be less than two months from the date of publication of a notice on the liquidation of such an association.

6. The liquidation commission takes measures to identify creditors and collect receivables, and also notifies creditors in writing of the liquidation of a horticultural, horticultural or dacha non-profit association.

7. At the end of the term for presenting creditors' claims against a horticultural, horticultural or dacha non-profit association liquidation commission draws up an interim liquidation balance sheet, which contains information on the availability of land and other common property of the liquidated association, a list of claims submitted by creditors and the results of their consideration.

The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) or by the body that has decided to liquidate it.

8. After a decision is made to liquidate a horticultural, horticultural or dacha non-profit association, its members are obliged to pay off the debt in full on contributions in the amount and within the time limits established by the general meeting of members of such an association (meeting of authorized persons).

9. If the liquidated horticultural, horticultural or dacha consumer cooperative funds are not enough to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized persons) to pay off the existing debt by collecting additional funds from each member of such a cooperative, or to sell part or all of the common property of such a cooperative at public auction in the manner established for the execution of court decisions.

The disposal of a land plot of a liquidated horticultural, gardening or dacha non-profit association is carried out in the manner established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

10. If a liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the creditors shall have the right to apply to the court with a claim to satisfy the remaining part of the claims at the expense of the property of the members of such a cooperative.

11. Payment of funds to creditors of a liquidated horticultural, horticultural or dacha non-profit association is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the date of its approval.

12. After completion of settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of the horticultural, horticultural or dacha non-profit association (meeting of authorized persons) or the body that has decided to liquidate such an association.

Article 42

1. A land plot and real estate owned by a horticultural, horticultural or dacha non-profit association and remaining after the satisfaction of creditors' claims may be sold with the consent of the former members of such an association in the manner prescribed by the legislation of the Russian Federation, and the proceeds for the said land plot and real estate transferred to the members of such an association in equal shares.

2. When determining the amount of compensation for confiscated for state or municipal needs the land plot and the real estate of a horticultural, horticultural or dacha non-profit association located on it, it includes the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property by their withdrawal, including losses that the owner incurs in connection with early termination its obligations to third parties, including lost profits.

Article 43

1. The liquidation of a horticultural, horticultural or dacha non-profit association is considered completed, such an association is considered to have ceased to exist after an entry about it is made in the unified state register of legal entities, and the body that carries out state registration of legal entities informs about the liquidation of such an association in the press, in which data on state registration of legal entities are published.

2. Documents and financial statements of a liquidated horticultural, horticultural or dacha non-profit association are transferred for storage to the state archive, which is obliged, if necessary, to allow members of the liquidated association and its creditors to familiarize themselves with the indicated materials, and also to issue, at their request, the necessary copies, extracts and certificates.

Article 44

An entry on the termination of the activities of a horticultural, horticultural or dacha non-profit association is made by the body carrying out state registration of legal entities in the manner prescribed by the federal law on state registration of legal entities.

Article 45

1. State registration of changes constituent documents horticultural, horticultural and dacha non-profit associations are carried out in accordance with the procedure established by the law on state registration of legal entities.

2. Changes to the constituent documents specified in paragraph 1 of this article shall enter into force from the moment of state registration of such changes.

Chapter X responsibility for violation of the law in the conduct of horticulture, horticulture and dacha farming

Article 46

1. The following rights of members of horticultural, horticultural and dacha non-profit associations are subject to protection in accordance with civil law:

1) the right of ownership, including the right to sell land plots and other property, and other real rights, including the right of lifetime inheritable possession of land plots;

2) the rights associated with becoming a member of a horticultural, horticultural or dacha non-profit association, participating in it and leaving it;

3) other rights provided for by this Federal Law and other federal laws.

2. The rights of a horticultural, horticultural or dacha non-profit association to own, use and dispose of land plots for common use, other property of such an association, and other rights provided for by this Federal Law and other federal laws shall be subject to protection.

3. Protection of the rights of horticultural, gardening, dacha non-profit associations and their members in accordance with criminal, administrative, civil and land legislation is carried out through:

1) recognition of their rights;

2) restoration of the situation that existed before the violation of their rights, and suppression of actions that violate their rights or create a threat of violation of their rights;

3) recognition of a voidable transaction as invalid and application of the consequences of its invalidity, as well as application of the consequences of the invalidity of a void transaction;

4) invalidation of an act of a public authority or an act of a local self-government body;

5) self-defense of their rights;

6) compensation for their losses;

7) others statutory ways.

Article 47

1. A gardener, gardener or summer resident may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forestry, water, town planning legislation, legislation on the sanitary and epidemiological welfare of the population or fire safety legislation committed within the boundaries of a gardening, gardening or country non-commercial associations, in the manner prescribed by the legislation on administrative offenses.

2. A gardener, gardener or summer resident may be deprived of the rights of ownership, lifetime inheritable possession, permanent (unlimited) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation.

Mandatory advance warning of a gardener, gardener or summer resident about the need to eliminate committed violations of the law that are grounds for deprivation of rights to a land plot is carried out in the manner established by land legislation, and deprivation of rights to a land plot if violations of the law are not eliminated - in the manner established by the Constitution of the Russian Federation and the Civil Code of the Russian Federation.

Article 48

Article 49

Officials of public authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with the conduct of gardening, horticulture or dacha farming by citizens, are subject to disciplinary, material, civil, administrative and criminal liability in the manner established by federal laws.

Article 50

Article 51

Losses caused to a horticultural, horticultural or dacha non-profit association or its members as a result of illegal actions (inaction) of state authorities, local governments or their officials, including the issuance of an act of a state authority or act that does not comply with the law or other regulatory legal act body of local self-government, are subject to compensation in the manner prescribed by civil law.

Chapter XI. Final provisions

Article 52. Entry into force of this Federal Law

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

Article 53. Transitional provisions

1. The charters of horticultural, horticultural, and dacha partnerships and horticultural, horticultural, and dacha cooperatives established prior to the entry into force of this Federal Law shall be brought into line with the norms of this Federal Law within five years from the date of its official publication.

2. Horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives are exempted from payment of the registration fee during the state registration of changes in their legal status in connection with their reorganization and bringing their charters in line with the provisions of this Federal Law.

Article 54

From the date of entry into force of this Federal Law on the territory of the Russian Federation, the USSR Law "On Cooperation in the USSR" (Bulletin of the Supreme Soviet of the USSR, 1988, N 22, item 355; Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, N 19, article 350; 1990, N 26, article 489; 1991, N 11, article 294; N 12, article 324, 325) in the part regulating the activities of gardening associations and dacha cooperatives.

Article 55

1. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts in line with this Federal Law within six months from the date of its entry into force.

2. Instruct the Government of the Russian Federation within three months from the date of entry into force of this Federal Law:

prepare and submit, in accordance with the established procedure, proposals for introducing amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;

adopt regulatory legal acts that ensure the implementation of the provisions of this Federal Law.

President of the Russian Federation B. Yeltsin

Amendments to 66-FZ on horticultural, horticultural and dacha non-profit associations of citizens

On July 3, 2016, amendments were made to the Federal Law of April 15, 1998 N 66-FZ "On horticultural, horticultural and dacha non-profit associations of citizens". The changes introduced by Federal Law No. 337-FZ of July 3, 2016 came into force on the day of their official publication, July 4, 2016.

Our summary of these changes:

1. The concept of the Register of members of a horticultural, horticultural or dacha non-profit association is introduced.

   The register of association members must contain:

   1. surname, name, patronymic of a member of such an association;
   2. postal address and (or) e-mail address at which a member of such an association can receive messages;
   3. cadastral (conditional) number of the land plot, the right holder of which is a member of such an association and other information provided for by the charter of such an association.

   The duty of the member in connection with the formation of the register of the association is now:

   • give reliable and necessary information for maintaining the register of members of the association and timely inform the board of the association about changes in the specified information
   • within ten days from the date of termination of the rights to the land plot belonging to him notify in writing the board of a horticultural, horticultural or dacha non-profit association about this.

   The specified register must be created no later than one month from the date of state registration of a horticultural, horticultural or dacha non-profit association. Horticultural, horticultural or dacha non-profit associations of citizens, created before the day this Federal Law enters into force, are required to create a register of members of the corresponding association before June 1, 2017.

   The Register is maintained by the chairman of the board of the association or another authorized member of the board of the association. The collection, processing, storage and dissemination of information necessary for maintaining the register of members of the association is carried out in accordance with the legislation of the Russian Federation on personal data.

   Federal Law of July 27, 2006 N 152-FZ "On Personal Data": Operators and other persons who have gained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law. When processing personal data, the operator is obliged to take the necessary legal, organizational and technical measures or ensure their adoption to protect personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other illegal actions regarding personal data.

2. Changes have been made to the procedure for holding a general meeting.

   The previous edition did not allow holding a meeting in absentia if the agenda of the general meeting included issues of amending the charter of the association or approving it in a new edition, liquidating or reorganizing the association, approving the income and expenditure estimates, reports of the board and the audit commission. Now, provided that these issues were included in the agenda of the in-person meeting and it did not take place due to the lack of a quorum, these decisions can be taken in absentia.

3. Expanded list of documents

   Which should be provided to members of a horticultural, horticultural or dacha non-profit association and citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association at their request.

   If earlier these were only copies of the minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association, meetings of the board, the audit commission (auditor) of such an association, the commission of such an association for monitoring compliance with the law, now, in addition to these documents, the following may be required:

   1. charter of a horticultural, horticultural or dacha non-profit association, changes made to the charter, certificate of registration of the relevant association;
   2. accounting (financial) statements of the association, income and expenditure estimates of the association, a report on the execution of this estimate;
   3. documents confirming the results of voting at a general meeting of members of a horticultural, horticultural or dacha non-profit association, including voting ballots, powers of attorney for voting, as well as decisions of members of the association during a general meeting in the form of absentee voting;
   4. title documents for common property;
   5. other internal documents provided for by the charter of a horticultural, horticultural or dacha non-profit association of citizens and decisions of the general meeting of members of the association.

   These documents are provided for review. The obligation to provide copies of documents from the above list has also been introduced. The fee charged by the association for the provision of copies may not exceed the cost of their production. Thus, the board will need to decide on the cost of copies of documents based on the cost estimate.

4. The charter of the association must contain the procedure for determining the amount of membership fees.

   Now this is legally established, and this procedure may include, among other things, setting the size of the membership fee depending on the area of ​​the land plot of a member of such an association and (or) the total area of ​​real estate objects belonging to him and located on this land plot. There are two main points here:
   • a) the size of the membership fee, in the opinion of the legislator, can now be established depending on the area of ​​the land plot or on the area of ​​real estate objects on the land plot. A combination of these two principles is also possible. That is, the principle of levying membership fees, common in many partnerships, is excluded - “equally from the site”.
   • b) In the text of the article, the words “may include, among other things ...” make it possible to interpret the above principles for collecting a membership fee as recommended, but not mandatory. That is, if a different procedure is formulated in the charter, then so be it, the main thing is that it be spelled out in the charter.

5. The wording of the concept of "membership fees" has been clarified.

   In the new edition, this is money periodically contributed by members of a horticultural, horticultural or country non-profit association maintenance of common property, remuneration of employees who have concluded employment contracts with such an association, and other current expenses of such an association. Complemented by the obvious - content common property. Recall that in accordance with the same Federal Law No. 66, public property is property (including land plots) intended to provide, within the territory of a horticultural, horticultural or country non-profit association, the needs of members of such a non-profit association in the passage, passage, water supply and sanitation, power supply, 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 fighting structures, etc.).

The new version of the law requires amendments to the charter (in particular, the mandatory inclusion of a provision on the procedure for establishing the size of the membership fee). At the same time, one should not rush to make changes, since in accordance with paragraph 2 of article 2 of the Federal Law No. 337 statutes horticultural, horticultural or dacha non-profit associations of citizens to be brought into line on first change constituent documents such legal entities. When registering these changes to the constituent documents, the state fee is not charged.

However, the changes have already entered into force, regardless of their presence in the charter.

You can familiarize yourself with the text of the amendments to No. 66-FZ dated April 15, 1998 "On horticultural and dacha non-profit associations of citizens", adopted in No. 337-FZ dated July 3, 2016, in

https://www.site/2017-08-02/v_rossii_prinyat_novyy_zakon_dlya_dachnikov_i_sadovodov_chto_v_nem_vazhnogo

"Country Constitution"

adopted in Russia new law for summer residents and gardeners: what is important in it?

Jaromir Romanov/website

In Russia, a new federal law has been adopted, according to which, from January 1, 2019, approximately 60 million summer residents and gardeners will begin to live. In fact, the "dacha constitution", as the adopted act has already been called, applies to every second inhabitant of the country. the site tells its readers about the fundamental innovations, one of which was the exclusion from the legislation of the very concept of "dacha economy".

Will there be no more summer residents in Russia?

According to the law, summer residents in Russia are now gardeners and gardeners. Previously, associations of summer residents, gardeners and gardeners could exist as much as nine organizational forms ah (including as dacha associations and cooperatives). Now the legislator has provided only two: either horticultural partnership or a gardening association. Country associations are automatically classified as horticultural. But, of course, no one will forbid you to call yourself summer residents. Especially in a situation where you don’t have a garden or garden plot at all, but just a house in the village where you come to relax and don’t do any gardening. The new law regulates life only in the territories of horticulture and horticulture, and not in settlements.

Why didn't they call everyone just summer residents in the law?

You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms is a clear overkill. But one cannot ignore all the realities, and in this case they are in the fact that the land plots owned and used by Russian summer residents may have different types permitted use. Based on this, the legislator divided the land plots into garden and garden plots.

And here it is important: on garden plots, you can build permanent buildings, including residential buildings, and only non-capital outbuildings can be placed on garden plots. The difference is significant, and you should pay special attention to this if you are planning to purchase a summer cottage.

Serguei Fomine/Russian Look

Can you elaborate a little on this difference?

The legislation refers to non-capital buildings structures that do not have a "connection with the ground", that is, in other words, a foundation. It is assumed that they can be completely disassembled or moved somewhere in no time. In addition, such structures cannot be registered as real estate objects. You can of course build on garden plot something grandiose, on a solid foundation and pass off your palace as a modest shed for storing inventory and crops. But you simply won’t be able to register ownership of it until the type of permitted use of your site changes, and this is still a very difficult procedure. If only because there are quite serious requirements for the planning and development of the gardening territory, prescribed in SNiP 30-02-97 of 2011, but there are no such requirements for the organization of the gardening territory.

Landowners who fail to register their homes face double land tax

The chairman of the Yekaterinburg Union of Gardeners, Nadezhda Loktionova, believes that one should even expect the appearance of some kind of by-law, which will clarify the parameters of non-capital buildings on gardening lands. Of course, things are unlikely to come to Soviet restrictions, such as a ceiling height of no more than two meters, but the state will still try to close the possibilities for abuse. But if now you already have a document on the ownership of a property that arose on a garden plot of land (for example, a bathhouse or a garage), you don’t have to worry. What is built is built - the state recognized this, and here the legislator went for the so-called "garden amnesty".

Nail Fattakhov/website

And what can be built on the garden plots?

With garden plots, of which, by the way, the vast majority in the total mass, everything is much simpler. The law gives the right to place on them a capital residential building, a garden house for seasonal use, garages and outbuildings. The latter include baths, sheds, sheds, greenhouses, gazebos and other good things. All this can be formalized as a property right, bearing in mind, however, that the owner has an obligation to pay taxes. In addition, since the beginning of 2017, the so-called "dacha amnesty" has become more complicated by law - a simplified procedure for registering real estate on six acres. Now, to register an object, you need technical plan, and its cost starts from 10 thousand rubles. Plus the state duty - 400 rubles. True, the law allows not to register structures up to 50 square meters. meters.

Will it become easier to register in the country?

They promise yes. Theoretically, it is possible to register on six acres even now, but it is not so easy. A court order is required that your residential building is deemed fit for permanent residence. It is assumed that with the beginning of the new law, going to court will become the exception rather than the rule. Gardeners insisted on this: according to the chairman of the Union of Summer Residents of the Moscow Region, Nikita Chaplin, the government should develop a special by-law to simplify the procedure for transferring a garden house to a residential one and vice versa. That is, if you decide to live in the country permanently and have registration there, immediately build a capital house or engage in the reconstruction of an existing one.

By the way, a horticultural partnership may eventually become a partnership of real estate owners - that is, begin to develop and manage as a cottage village. But for this, three conditions must be met. Firstly, it must be located within the boundaries of a settlement, secondly, all houses on its territory must be recognized as residential, and thirdly, the type of permitted use of land plots for all owners must be changed to “individual housing construction”.

Jaromir Romanov/website

Is it true that selling the crop from the garden will become an illegal business?

No. The sale of surpluses from one's own garden or vegetable garden is not regulated at all by either the new or the current law (66-FZ), Nikita Chaplin draws attention. Moreover, during its development, the draft law deliberately did not include the norms that are regulated by other laws: the Land, Tax, Civil Codes, the law on registration of real estate. So, grandmothers, for whom the sale of bunches of greens in the market or agricultural fair serves as some kind of financial help, will definitely not need to issue an IP for this.

What else is important in the law?

The law decreed that within one horticulture or horticulture there could be only one partnership. Previously, there could be several of them, and the legislator was especially concerned about the situation when associations are engaged in the struggle to attract land owners and at the same time almost do not pay attention to the state of the common infrastructure, pushing the responsibility onto the neighbor. According to the meaning of the new law, a partnership can be formed only on a land plot provided to this legal entity. Therefore, in the event of disputes, a previously created partnership with a land plot will be recognized as legitimate. In the absence of a planning and development project for the territory, the second partnership may be liquidated by a court decision, if it does not recognize that it needs to liquidate itself.

Chelyabinsk regional court approved the decision to demolish the garden houses, for which Putin stood up

The law will also make it possible to streamline relations with the so-called individuals - owners of plots who have left all partnerships and do not bear the obligations that their neighbors - members of associations have. Without paying any fees, they continue, for example, to use the common infrastructure. Now the freemen are finished: you can still be an individual, but you still have to pay dues along with the rest. In return, the right to participate in general meetings and vote on all financial and economic issues of the partnership is given. But individuals will still not be able to participate in the election of the chairman and members of the board, the audit commission. In general, the big question is what is the benefit of such a special status now.

Natalia Khanina/website

By the way, about contributions. They were strictly divided into two types: membership and target. From the membership will be paid current expenses associated with the activities of the partnership, and the target will be collected for the improvement and development of infrastructure. It is important that from January 1, 2019, contributions will no longer be collected in cash: summer residents will begin to receive the same receipts that they pay for city apartments, and contributions will be credited to a bank account, and not stored in a safe with the chairman. This is done to combat abuse.

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Article 1

Include in the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and country non-profit associations of citizens" (Collected Legislation of the Russian Federation, 1998, N 16, art. 1801; 2000, N 48, art. 4632; 2002, 12, item 1093; 2003, N 50, item 4855; 2006, N 27, item 2881; 2007, N 27, item 3213; 2014, N 26, item 3377) the following changes:

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

2) in paragraph 4 of Article 16:

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

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

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

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

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

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

3) in Article 19:

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

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

b) paragraph 2 shall be supplemented with subparagraph 11 1 of the following content:

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

4) Chapter IV shall be supplemented with Article 19 1 as follows:

"Article 19 1. Register of members of a horticultural, horticultural or dacha non-profit association

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

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

3. The register of association members must contain:

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

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

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

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

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

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

6) in Article 22:

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

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

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

7) in Article 27:

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

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

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

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

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

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

5) title documents for common property;

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

b) add paragraph 4 with the following content:

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

Article 2

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

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

Article 3

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

President of Russian Federation

The law itself is in the attached file (doc, 255 KB), and below are the titles of the chapters and articles of this law.

Federal Law No. 66-FZ of April 15, 1998
"On horticultural, horticultural and dacha non-profit associations of citizens"
(as amended November 22, 2000, March 21, 2002, December 8, 2003, August 22, November 2, 2004)

Accepted State Duma March 11, 1998
Approved by the Federation Council on April 1, 1998

Chapter I General provisions
Article 1. Basic concepts
Article 2. Subject of regulation and scope of this Federal Law
Article 3

Chapter II. Forms of horticulture, horticulture and dacha farming by citizens
Article 4
Article 5
Article 6 Legal status horticultural, horticultural or dacha non-profit
Article 7
Article 8
Article 9
Article 10
Article 11. Mutual lending funds and rental funds

Chapter III. Zoning of the territory and provision of garden, garden and summer cottage land plots
Article 12
Article 13
Article 14
Article 15

Chapter IV. Creation of horticultural, horticultural and dacha non-profit associations. Rights and obligations of members of horticultural, horticultural and dacha non-profit associations
Article 16
Article 17
Article 18
Article 19

Chapter V
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27

Chapter VI. Features of privatization and turnover of garden, vegetable garden and summer cottage land plots
Article 28
Article 29
Article 30
Article 31

Chapter VII. Organization and development of the territory of a horticultural, horticultural or dacha non-profit association
Article 32
Article 33
Article 34

Chapter VIII. Support for gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations by state authorities, local governments and organizations
Article 35
Article 36
Article 37
Article 38

Chapter IX. Reorganization and liquidation of a horticultural, horticultural or dacha non-profit association
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45

Chapter X Responsibility for violation of the law in the conduct of horticulture, horticulture and dacha farming
Article 46
Article 47
Article 48 municipal institutions
Article 49
Article 50
Article 51

Chapter XI. Final provisions
Article 52. Entry into force of this Federal Law
Article 53. Transitional provisions
Article 54
Article 55