Federal Law on gardening partnerships. Will it become easier to register at the dacha? About residential buildings on plots

Recently it was finally adopted and signed by the President of the country new law about gardening partnerships, which have been talked about a lot for a long time. We tell you what is really important in the text of this law and try to understand whether the life of Russian gardeners and summer residents will become easier or not.

When does the new law on gardening partnerships, adopted in 2017, come into force?

There is almost a year and a half left before the law comes into force; it comes into force on January 1, 2019. Law No. 217-FZ is called in full as follows: “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts Russian Federation”.

However, one of the articles of the law is already in effect. We are talking about Article 51, which states that gardening, dacha and vegetable garden partnerships operating today can extract groundwater for household needs without obtaining a special license until 2020.

To independently and fully familiarize yourself with the new law on gardening and vegetable farming partnerships, adopted in 2017, you can download its text on the Kremlin website at.

What is important in the text of the law

The general point of developing and adopting a new law, on the one hand, is to simplify legislative framework for the management of gardening and dacha farming within the relevant partnerships by residents of the country, and on the other hand, in establishing order, including financial order, in the activities of such partnerships themselves.

What lawyers first pay attention to when analyzing the text of the new law:

1. In Russia there are only two possible forms of organizing such partnerships: horticultural and vegetable gardening. On currently There are already nine such legal forms of organization of gardeners.
2. The difference between horticultural and gardening farms is that on the former it is allowed to build permanent buildings, including residential ones, on the latter - not. A capital building is one that has a foundation, so in gardening farms it will be possible to build only sheds, temporary sheds, gazebos, etc. the buildings.
3. The procedure for registration (“registration”) at a dacha will be significantly simplified. If now this can only be done through the court, then under the new law everything will be much simpler, and it will be necessary to register with the help of the court in exceptional cases.
4. A gardening partnership, subject to a certain list of conditions, can generally be re-registered as a partnership of real estate owners, that is, become a cottage community. But for this, at a minimum, it is necessary that the partnership be located within the administrative boundaries of a particular city or other locality.
5. According to the new law, only one legal entity can exist within one partnership. The situations that occur now, when partnerships split into two or three, and their chairmen are no longer busy organizing work, but sorting out relations with other chairmen, will no longer be possible.
6. The law also regulates the relationship of the partnership with those of its former members who left the partnership, but, due to the location of the site on the territory of the partnership, continue to enjoy common benefits. Now they will be obliged to pay membership fees in any case.
7. The contributions themselves can now be of only two types: membership and targeted. And from 2019, no cash payments - only by receipt through the bank. The money will go to the partnership account, which reduces the likelihood of abuse by chairmen.

Explanations from lawyers on some aspects of the new law

Lawyers explain that although it is prohibited to erect permanent buildings on garden farms, no one will force the existing ones to be demolished. They remain in the legal field if they were registered, but it will not be possible to register new buildings or existing “illegal” buildings from 2019 on farms that have chosen a gardening form of organization.

We remind you that according to the current “dacha amnesty”, gardeners can legalize their existing capital buildings. You need to register those buildings that have an area of ​​50 square meters or more.

In order to take advantage of the “dacha amnesty”, you must submit a technical plan for the construction and pay a small fee. And if the state duty is really small - 400 rubles, then the cost of a technical plan usually starts from 10 thousand rubles. You will also have to pay appropriate taxes for the building. But it’s worth remembering at least that your cozy dacha becomes yours from the point of view of the law, which means you can, for example, calmly bequeath it to your children or grandchildren.

The new law affects almost 60 million gardeners in the country today. In fact, every second resident of Russia is in one way or another busy cultivating a garden plot, which has become especially relevant in last couple years, with a decline in the general standard of living in the country.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT GARDENING, VEGETABLE AND COUNTRY PRODUCTS

NON-PROFIT CITIZENS ASSOCIATIONS

State Duma

Federation Council

Chapter I. GENERAL PROVISIONS

Chapter II. FORMS OF GARDENING BY CITIZENS,

VEGETABLE GREENING AND COUNTRY HOUSEKEEPING

Chapter III. PROVISION OF LAND FOR MANAGEMENT

GARDENING, VEGETABLE HORTICULTURE AND COUNTRY HOUSING

Chapter IV. CREATION OF GARDENING, VEGETABLE HORTICULTURE

AND COUNTRY NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS

MEMBERS OF GARDENING, VEGETABLE AND COUNTRY CENTERS

NON-PROFIT ASSOCIATIONS

Chapter V. MANAGEMENT OF GARDENING AND VEGETABLE GROWING

AND COUNTRY NON-PROFIT ASSOCIATIONS

Chapter VI. FEATURES OF PROVIDING PROPERTY

AND TURNOVER OF GARDEN, VEGETABLE AND COUNTRY LAND PLOTS

Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY

GARDENING, VEGETABLE OR HOLDING

NON-PROFIT ASSOCIATION

Article 32. General requirements to the organization and development of the territory of a horticultural, gardening or dacha non-profit association

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 corresponding association, are carried out on the basis of a territory planning project and a territory surveying project.

The organization of the territory of a gardening non-profit association and the division of a land plot provided to the corresponding association are carried out on the basis of a territory surveying project.

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 territory planning project and (or) land surveying project for the territory of a horticultural, gardening or dacha non-profit association must be approved by the general meeting of members of the relevant association (meeting of authorized representatives) before their approval.

2. Members of a gardening, gardening or dacha non-profit association have the right to begin using garden, vegetable or dacha land plots, with the exception of the construction of buildings, structures, structures, until the emergence of ownership rights to such land plots or their lease after their formation and distribution among the members of the relevant associations based on the decision of the general meeting of members of the relevant association (meeting of authorized representatives).

Article 34

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

2. State land supervision over citizens’ compliance with the requirements established by land legislation for the use of land plots intended for gardening, vegetable gardening or summer cottage farming is carried out in accordance with land legislation.

3 - 5. Lost power. - Federal Law of June 23, 2014 N 171-FZ.

Chapter VIII. SUPPORT FOR GARDENERS, VEGETABLE GROWERS,

SUMMER RESIDENTS AND THEIR GARDENING, VEGETABLE AND COUNTRY RESIDENTS

NON-PROFIT ASSOCIATIONS BY GOVERNMENT BODIES

AUTHORITIES, LOCAL GOVERNMENT BODIES

AND ORGANIZATIONS

Article 35

1. Lost power. - Federal Law of August 22, 2004 N 122-FZ.

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

1) introduce into the staff of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies specialists in the development of personal subsidiary and dacha farming, gardening and truck farming;

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

3) conduct educational and propaganda work in order to popularize gardening, vegetable gardening or dacha farming;

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

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

6) - 7) are no longer valid. - Federal Law of August 22, 2004 N 122-FZ;

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

9) establish for gardeners, vegetable gardeners, summer residents and their horticultural, gardening and country non-profit associations payment standards for electricity, water, gas, telephone, determined for rural consumers.

3. Local government bodies have the right:

establish local tax benefits for contractors and individual entrepreneurs constructing public facilities in horticultural, gardening and dacha non-profit associations;

introduce benefits for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha plots of land and back.

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

1) participate in the formation of mutual lending funds by providing funds in the amount of up to fifty percent total amount 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 engineering support for the territories of horticultural, gardening and dacha non-profit associations up to fifty percent of the total amount of estimated costs;

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

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

6) sell equipment and materials to gardeners, gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations for the demolition, reconstruction and major repairs of residential buildings, residential buildings, outbuildings and structures;

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

Local government bodies and organizations have the right to take into account roads, electricity supply systems, gas supply systems, water supply systems, communications and other facilities of horticultural, gardening and country non-profit associations.

5. Organs state power, local government bodies and organizations have the right to support the development of gardening, truck farming and summer cottage farming in other forms.

Article 36. Procedure for supporting horticultural, gardening and dacha non-profit associations

1. Providing subventions, reimbursement of costs incurred at the expense of targeted contributions from members of horticultural, vegetable gardening and dacha non-profit associations for engineering support of the territories of such associations, land management and organization of the territories of horticultural, vegetable gardening and dacha non-profit associations, restoration and increase of soil fertility, protection of gardening, vegetable and dacha 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, rental fund are carried out in the manner established by Article 35 of this Federal Law.

2 - 3. Lost force. - Federal Law of August 22, 2004 N 122-FZ.

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

5. Admission to the balance sheet of local government bodies and organizations of roads, electricity supply systems, gas supply, water supply, communications is carried out in accordance with the decisions of general meetings of members of horticultural, gardening 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. Standards for payment for the use of telephone communications for gardening, horticulture and dacha farming, electrical energy, gas, the introduction of benefits for the fare of gardeners, gardeners, summer residents and members of their families on suburban passenger transport to garden, vegetable or dacha land plots and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

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

Article 37. Participation of horticultural, gardening 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

1. Participation of horticultural, gardening and dacha non-profit associations in the adoption of decisions by state authorities or local self-government bodies concerning the rights and legitimate interests of members of such associations is carried out through the delegation of representatives of such associations or their association (union) to meetings of state authorities or local authorities self-government making these decisions.

2. If it is necessary to make a decision concerning the rights and legitimate interests of members of a horticultural, gardening or dacha non-profit association, a state authority or local government body is obliged to notify the chairman of the horticultural, gardening 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 a decision of a state authority or local government affects the interests of one or more members of a horticultural, gardening or dacha non-profit association (laying out the boundaries of the land plots of members of such an association utility networks, installation of power line supports, etc.), written consent of the owners (owners, users) of these land plots is required.

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

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

Article 38. Assistance from state authorities and local governments to horticultural, gardening and dacha non-profit associations

1. Assistance from state authorities and local governments to horticultural, gardening or dacha non-profit associations is carried out through the adoption of appropriate decisions and the conclusion of contracts based on written requests from horticultural, gardening or dacha non-profit associations.

2. State authorities and local self-government bodies are obliged to assist gardeners, market gardeners, summer residents and their gardening, gardening and country non-profit associations in the implementation state registration or re-registration of rights to garden, vegetable or dacha land plots, buildings and structures located on them, preparation of boundary plans for garden, vegetable and dacha land plots 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 vulnerable groups of the population, have the right to apply to local government bodies with applications for a reduction in fees for state registration or re-registration of rights to garden, vegetable or dacha land plots, buildings and structures located on them, production of boundary plans of these areas. Local government bodies accept such applications for consideration if this question is within their competence. Within a month from the date of registration of such an application, the local government body is obliged to make a decision and notify in writing about the decision taken applicant.

3. State authorities and local governments are obliged to assist horticultural, gardening and dacha non-profit associations in:

1) carrying out work on the construction and repair of roads, power lines, water supply and sewerage systems, gas supply, communications or connection to existing power lines, water supply and sewerage systems; organizing machine-technical stations, rental funds, shops through making decisions on concluding contracts for the performance of relevant work by state and municipal enterprises, on organizing and holding competitions for programs and investment projects for the development of infrastructure in the territories of horticultural, gardening and dacha non-profit associations, on the implementation joint projects development of infrastructures of the territories of such associations, payment of a share of the costs of maintaining infrastructures if these infrastructures are intended to serve the population of the corresponding territories or if the engineering infrastructure objects of such associations are accepted in the prescribed manner on the balance sheet of local governments and organizations;

2) ensuring travel for gardeners, gardeners, summer residents and members of their families to garden, vegetable and dacha 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 operation of suburban passenger transport;

3) ensuring fire and sanitary safety, environmental protection, 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, gardening or dacha non-profit associations, state authorities and local governments.

Chapter IX. REORGANIZATION AND LIQUIDATION OF GARDENING,

VEGETABLE OR COUNTRY NON-PROFIT ASSOCIATION

Article 39. Reorganization of a horticultural, gardening or dacha non-profit association

1. Reorganization of a horticultural, gardening or dacha non-profit association (merger, accession, division, separation, change of 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, gardening or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.

3. When reorganizing a horticultural, gardening or dacha non-profit association, the rights and obligations of its members are transferred to the legal successor in accordance with the transfer deed 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 transfer act or separation balance sheet of a horticultural, gardening or dacha non-profit association is approved by the general meeting of members of such an association and is presented together with the constituent documents for the state registration of newly emerged legal entities or for amending the charter of such an association.

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

6. If the separation balance sheet of a horticultural, vegetable gardening or dacha non-profit association does not make it possible to determine its legal successor, the newly emerged legal entities shall bear joint liability for the obligations of the reorganized or reorganized horticultural, vegetable gardening or dacha non-profit association to its creditors.

7. A gardening, vegetable gardening or dacha non-profit association is considered reorganized from the moment of state registration of the newly created non-profit association, with the exception of cases of reorganization in the form of affiliation.

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

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

Article 40. Liquidation of a horticultural, gardening or dacha non-profit association

1. The liquidation of a horticultural, gardening 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, gardening or dacha non-profit association may be presented to the court by a state authority or local government body, which is granted by law the right to present such a demand.

3. When a horticultural, vegetable gardening or dacha non-profit association is liquidated as a legal entity, the rights of its former members to land plots and other real estate are preserved.

Article 41. Procedure for liquidation of a horticultural, gardening or dacha non-profit association

1. A gardening, vegetable gardening 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, gardening or dacha non-profit association (meeting of authorized representatives) or the body that made the decision on its liquidation appoints a liquidation commission and determines, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and timing for the liquidation of such an association.

3. From the moment the liquidation commission is appointed, the powers to manage the affairs of the liquidated horticultural, gardening or dacha non-profit association are transferred to it. The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in government bodies, local government bodies and the court.

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

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

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

7. At the end of the period for submitting creditors’ claims to a horticultural, gardening or dacha non-profit association, the liquidation commission draws up an interim liquidation balance sheet, which contains information about the availability of land and other common property of the liquidated association, a list of claims presented by creditors and the results of their consideration.

The interim liquidation balance sheet is approved by the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) or by the body that made the decision on its liquidation.

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

9. If the funds available to a liquidated horticultural, gardening or dacha consumer cooperative are not sufficient 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 representatives) to pay off the existing debt by collecting additional funds from each member of such a cooperative or 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 the 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, gardening or dacha consumer cooperative does not have enough funds to satisfy the claims of creditors, the creditors have the right to file a claim in court 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, gardening 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 day of its approval.

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

Article 42. Property of a liquidated horticultural, gardening or dacha non-profit association

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

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

Article 43. Completion of the liquidation of a horticultural, gardening or dacha non-profit association

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

2. Documents and accounting records of a liquidated horticultural, gardening 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 these 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, gardening 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. State registration of changes in the constituent documents of horticultural, gardening and dacha non-profit associations

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

2) rights associated with becoming a member of a horticultural, gardening 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, gardening or dacha non-profit association to own, use and dispose of public land plots, other property of such an association, and other rights provided for by this Federal Law and other federal laws are 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 the application of the consequences of its invalidity, as well as the application of the consequences of the invalidity of a void transaction;

4) invalidation of an act of a state authority or an act of a local government body;

5) self-defense of one’s rights;

6) compensation for losses;

7) other methods provided by law.

Article 47. Responsibility of gardeners, gardeners or summer residents for violation of the law

1. A gardener, gardener or summer resident may be subject to administrative penalties in the form of a warning or a fine for violating land, forestry, water, urban planning legislation, legislation on sanitary and epidemiological welfare of the population or legislation on fire safety committed within the boundaries of a horticultural, gardening or dacha non-profit association, in the manner established by the legislation on administrative offenses.

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

Mandatory advance warning to a gardener, gardener or summer resident about the need to eliminate 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. Lost force. - Federal Law dated 05/07/2013 N 90-FZ.

Article 49. Responsibility of officials of state authorities and local government bodies for violation of legislation

Officials of state authorities, local self-government bodies guilty of failure to fulfill or improper performance of the duties assigned to them by law in connection with gardening, gardening or dacha farming by citizens are brought to disciplinary, material, civil, administrative and criminal liability in the manner established by federal laws.

Article 50. Lost force. - Federal Law of May 13, 2008 N 66-FZ.

Article 51. Compensation for losses caused to a horticultural, gardening or dacha non-profit association or its members

Losses caused to a gardening, gardening 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 an act that does not comply with the law or other regulatory legal act local government body are subject to compensation in the manner established by civil legislation.

Chapter XI. FINAL PROVISIONS

Article 52. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication.

Article 53. Transitional provisions

1. The charters of gardening, vegetable gardening and dacha partnerships and horticultural, vegetable gardening and dacha cooperatives created before the entry into force of this Federal Law are subject to being brought into compliance with the norms of this Federal Law within five years from the date of its official publication.

2. Gardening, vegetable gardening and dacha partnerships and horticultural, vegetable gardening and dacha cooperatives are exempt from paying registration fees upon state registration of changes in their legal status in connection with their reorganization and bringing their charters into compliance with the norms of this Federal Law.

Article 54. On the repeal of previously adopted laws

From the date of entry into force of this Federal Law, the USSR Law “On Cooperation in the USSR” (Vedomosti of the Supreme Soviet of the USSR, 1988, No. 22, Art. 355; Vedomosti of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, No. 355) is not applied on the territory of the Russian Federation 19, art. 350; 1990, no. 489; 1991, no. 294; art. 324, 325) in the part regulating the activities of gardening partnerships and dacha cooperatives.

Article 55. Bringing regulatory legal acts into compliance with this Federal Law

1. To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its regulatory legal acts into compliance with this Federal Law within six months from the date it comes 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 the prescribed manner, proposals to introduce amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;

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

The president

Russian Federation

Moscow Kremlin

Approved
General meeting of members

horticultural non-profit

partnership

Protocol No. 1 dated __.___.20__

Chairman of the Board of SNT "___________"

________________________________________

(signature)

Charter

«_________________________»

Gardeners are allowed more than gardeners

The bill “On gardening and horticulture by citizens for their own needs” was recently approved by the State Duma. What innovations does it bring to summer residents and what could they mean for summer residents over time?

The first new thing is that now we will have only two types of country partnerships - horticultural and vegetable gardening.

Dacha partnerships are disappearing from the legislation, so all country partnerships - dacha, vegetable garden, horticultural, and any others - will need to re-register in the near future. There is no need to change documents, but you will need to decide who they are from now on - gardeners or gardeners? - and submit the appropriate applications to Rosreestr.

The difference between gardeners and vegetable gardeners under the new law is that gardeners can build residential buildings on their property and register in them. And gardeners can only build garden houses - for seasonal living.

The decision about who to be - gardeners and gardeners - is made by the general meeting of the partnership.

If the majority of its members want to become gardeners, demolishing non-seasonal and full-fledged residential buildings already built by some members will not be necessary. But at the time the law comes into force, ownership must be registered. If it is not registered, then such houses will have to be demolished, dismantled, and rebuilt into “garden houses.”

Another news concerns contributions. Contributions to new SNT and ONT can now be of only two types: membership and targeted. There will be no openings. But if in this regard someone wants to get back their entry fee paid several years ago, under the new law it will not be returned, so don’t even try.

Contributions will have to be paid by bank transfer - transferred to the current account of the partnership. Cash is prohibited - so that the chairmen do not steal it and so that it is always possible to check receipts and expenses.

The minimum number of members of a partnership under the new law is no less than seven.

The chairman can now be elected for 5 years, and not 2 as before, and an unlimited number of times. To overthrow it, it is necessary to hold an extraordinary general meeting at the request of no less than one fifth of the total number of members of the partnership.

The audit commission cannot include members of the board of the partnership and their relatives.

Partnership documents must be kept for 49 years.

Members of the SNT have the right to familiarize themselves with the financial statements.

If they need copies of any documents, they can obtain them for a fee established by the general meeting. But this fee should not exceed the cost of making these copies.

If the authorities want copies of any partnership documents, they should be given these copies free of charge. Why is unclear, but it is written so in the law.

Anyone who does not pay contributions for two months can be expelled from the partnership. However, he will still use all the common property - electricity, road, garbage dump - and pay for it the same as the members. The only thing he will lose is the right to vote at the general meeting.

The new law does not provide for any new levers of influence on irresponsible members of the partnership.

Debts are still collected from them through the courts, which in practice results in many years of litigation, as a result of which the partnership spends on legal costs more money what the debtor owes.

If irresponsible comrades disturb public order, the police are called. Although this doesn’t make much sense either: the police came and left, but the irresponsible members remained. And she won’t go to the partnership at one in the morning because there is a party going on in one area, and everyone else can’t sleep.

One of the alarming aspects of the new law concerns public lands and property.

Public lands are plots of land along which roads are laid and power poles are located. They are needed to install a transformer, a trash heap, a board house, make a children’s playground, and organize some public spaces between the fences where members of the partnership can walk and communicate. The new law determines the maximum area of ​​these lands for those partnerships that will be created after its adoption - from 20 to 25% of the area occupied by all personal land plots combined.

Now taxes on land and public property are paid by the SNT accountant from annual membership fees. The new law changes this procedure, allowing the transfer of collective property into shared property.

Each member of the partnership receives his share of the collective property, and this share must be proportional to his land plot. If he, for example, has three plots of eight acres each, and his neighbor has one, his share will be three times greater than that of his neighbor. Accordingly, the tax on this shared property will be three times higher.

Owners of large plots are unlikely to like this, but those with little land will probably be pleased. Although in aggregate their taxes will also increase. Even if they will have to pay not for three shares of collective property, but for one, they will still have to. Previously, they did not pay any tax at all for this very share, they only handed over contributions to the chairman. But contributions will still have to be paid. The rules for contributions do not change.

Decisions on the division of collective property into shares can be made at general meetings of the SNT or in person or in absentia, which, of course, is more convenient. At general meetings, comrades usually scream like crazy and try to kill each other on the spot. If they are isolated and asked to vote absentee, the decision-making process will be faster and more efficient.

According to the new law, collective property may not be divided into shares, but given entirely to some legal entity. For example, transfer the transformer and networks to the energy company, and the roads to the municipal authorities.

This is optimal, because then the members of the partnership are relieved of the burden of maintaining and repairing their collective property. But you need to find someone who wants to take it on balance. For some reason no one wants to.

However, we must look, there is still time for this. It is planned that the new law on gardeners will only begin to be fully implemented in 2019. Until then, summer residents will live in transitional time, getting used to and adapting to the new rules.

The new law on gardening partnerships of 2017 (Federal Law of July 29, 2017 N 217-FZ) introduced changes to various regulations governing relations in the field of gardening, truck farming and summer cottage farming. The changes are large-scale, they affect legislation, starting from the principles of organizing lovers of countryside pastimes and ending with the fact that from January 1, 2020 it will be prohibited to draw water from a well without a license for the use of subsoil (Article 51 of the Law).

The Horticultural Partnerships Act 2017 comes into force on 1 January 2019. In general, the list of the most significant amendments to the legislation looks like this:

the concept of “non-profit associations of citizens” and such organizational forms, as horticultural, gardening or dacha non-profit partnerships and consumer cooperatives (only horticultural and vegetable gardening non-profit partnerships are retained);

regulation of horticultural legal relations by two Federal Laws is excluded: “On horticultural, gardening or dacha non-profit associations of citizens” and “On Agricultural Cooperation”;

two types of land plots are provided: garden and vegetable plots, and country houses are equal to garden plots;

instead of the concept of “residential building”, the concept of “garden house” is introduced;

the procedure for calculating, paying membership and other fees has been changed;

the Land Code of the Russian Federation changes the procedure for providing land plots without competition;

the possibility of transferring the common property of partnerships into the common shared ownership of land owners is provided;

the meeting of authorized persons has been eliminated from the governing bodies, since such a governing body is not provided for by the Civil Code of the Russian Federation;

the obligation of the board of the partnership has been established to conclude agreements with heat and energy supply organizations, as well as those carrying out the protection of the horticultural territory and other organizations to achieve the goals of the partnership, as well as employment contracts, and ensure the fulfillment of obligations under such agreements.

Law on horticulture, gardening and summer cottage farming 2017. What will be the organizations of gardeners and gardeners?

A change in organizational and legal forms for gardeners, gardeners and summer residents means the complete exclusion of the latter from the sphere legislative regulation and establishing the possibility for gardeners and market gardeners to form only partnerships. Dacha associations will automatically be classified as horticultural associations. In this way, the Resolutions of the Constitutional Court of the Russian Federation dated April 14, 2008 No. 7-P and June 30, 2011 are implemented. 13-P, according to which the construction of residential buildings with the right of permanent residence and registration is allowed both on garden and dacha plots (Article 123.3 of the Civil Code of the Russian Federation). Until changes are made to the charters of gardening and vegetable gardening organizations, the provisions of Art. Art. will apply to them from January 1, 2019. 1-28 of the Federal Law of July 29, 2017 N 217-FZ. Such organizations are equated to partnerships of real estate owners (clause 3 of article 4 of the Law).

Law on gardening, vegetable gardening and summer cottage farming 2017. Purchase and sale of land - how to conclude an agreement and formalize the transaction?

The concept of “gardening or gardening non-profit partnerships” is introduced in Art. 50 Civil Code of the Russian Federation “Commercial and non-profit organizations" Within one gardening or horticulture business, only one partnership is created for the purpose of managing common property. If, before the Law comes into force, the partnership changes its type of activity with a view to selling grown products, it must be transformed into consumer cooperative according to the Law “On Agricultural Cooperation”. Also, if gardening and vegetable farming partnerships are located within settlement and if there are residential buildings on all plots, they can be transformed into homeowners' associations (Article 27 of Federal Law-217). Gardening or vegetable gardening can be carried out without creating a partnership, but in this case citizens independently interact with authorities and local governments and other organizations (Article 6 of the Federal Law-217).

Law on gardening, vegetable gardening and summer cottage farming 2017. What will happen to the land and houses?

Due to organizational changes horticultural and vegetable gardening associations were provided with two types of land plots: garden and vegetable plots. On a garden plot of land it is allowed to grow crops and build garden and residential houses, outbuildings and garages. On garden plot You can only grow and build outbuildings. A garden house is intended for seasonal living; it may have amenities associated with such a stay, but is not an object of capital construction, unlike a residential building. According to Art. 23 of the law on country gardening partnerships of 2017, a garden house can be recognized residential building, but for this the Government of the Russian Federation still must approve the appropriate procedure.

How to get a summer cottage plot for free?

Outbuildings include:

other structures and buildings to satisfy domestic and other needs.

It is necessary to plan and develop a garden plot in accordance with SNiP 30-02-97, but such requirements are not imposed on a vegetable garden. All buildings on garden plots, registered as “non-residential” before the changes came into force, but not being outbuildings and garages, are recognized as garden houses. Recognition of garden houses as residential will not entail the inclusion of their area in the calculation of the accounting norm for recognition as needing housing (Article 54 of Federal Law-217).

Law on gardening, vegetable gardening and summer cottage farming 2017. What will you have to pay for?

Both members of partnerships and persons entitled to join them are required to pay contributions. The amount of contributions is calculated in accordance with the charter of the partnership, income and expenditure estimates and financial and economic justification. The amount of the contribution may differ for different members of the partnership depending on the extent to which they use the common property, as well as on the size of the plots they own. Non-members of the partnerships pay fees for the following:

acquisition, creation, maintenance of public property;

current and major renovation general capital construction projects;

services and work of the partnership for the management of common property.

Members of the partnership are required to pay target and membership fees, which can also be spent on strictly defined items in Art. 14 FZ-217 of the law on gardening partnerships goals. To collect them, the partnership is required to open a current account. In case of non-payment within two months, citizens face expulsion from the partnership, collection of the amount of unpaid contributions, as well as fines and penalties through the court.

Law on horticulture, gardening and summer cottage farming 2017; last news

IN " Rossiyskaya newspaper"from 27.07. In 2017, the State Duma was notified of the adoption of a new Law on gardening, horticulture and dacha farming. It should come into force from 1.01. 2019. However, upon preliminary reading of the new document, several significant questions arose.

New law on gardening, vegetable gardening and summer cottage farming 2017. Question 1. It is planned to introduce the territorial principle of forming partnerships. This will automatically lead to their enlargement. (+) (-) 1000 farms can be located on one territory under a single leadership. Such a quantity will lead to a decrease in the quality of their management caused by objective reasons. There will be a problem in obtaining a quorum at General Meetings. Consequently, all his decisions will not be legitimate.

New law on gardening, vegetable gardening and summer cottage farming 2017. Question 2. The board will be elected for 5 years, numbering at least 3 people and no more than 5 percent of the number of members of the partnership. At first glance, there seems to be less red tape with his frequent re-election. However, there are also nuances here. The legislator was allegedly concerned about the difficulty of ensuring a quorum for the Board meeting. But these difficulties are aggravated if you subtract 5 percent of the directors from the 1,000 members of the partnership. It is not difficult to calculate that it will be 50 people. But this is, as the great humorist Arkady Raikin said, “rekbus, crocsword.” It is also impossible to collect a quorum from such a quantity.

New law on gardening, vegetable gardening and summer cottage farming 2017. Question 3. Regarding the two types of contributions: membership and targeted, not everything is clear either. Why can’t money for other purposes (which ones?) be immediately included in one amount and not get confused. There is also a question regarding “individuals”. If they pay annual fees on the same basis as members of the partnership and have the opportunity to participate in general meetings, then the point of their withdrawal from the partnership is lost. This "cunning trick is open"

New law on gardening, horticulture and summer cottage farming 2017. Question 4. The same applies to the division of common property located on the territory of the partnership according to the proportional shares of land owners. This far-fetched position has no practical significance.

Everyone knows about the advantages of a partnership: joint maintenance of common property and management of the farm by elected persons (one cannot say trusted ones), etc. However, there are definitely more disadvantages. There will remain abuses, to put it mildly, “inappropriate” use of public Money on the part of individual board members and hired officials, especially in large SNTs. Violations and falsification of work and costs will continue, starting with the preparation of the “Financial and Economic Activity Plan” for the next year. Accordingly, the “Estimate of Income and Expenses” will duplicate all these “defects” in monetary form.

And then there will be additions and manipulations in the actual implementation of the work of the “Plan” and “Estimate”. There is a reason to object to me here, saying that it is necessary to elect worthy people to the management and control bodies. However, the practice of “many faces” and “many hands”... It is reflected in folk wisdom: “Someone else’s soul is in the dark,” “to be in the water, but not to get wet...” In general, the publication of “extracts” from adopted Law, did not produce a particular feeling of satisfaction in the sense of the novelty and usefulness of its principles and provisions. From my 20 years of experience in participating in a garden partnership in different qualities: member of the partnership, chairman of the audit commission, individual user, I understand its advantages and disadvantages. But, unfortunately, they are not eliminated in the new Law.