Board of a gardening or dacha partnership. The procedure for filing a complaint against the chairman of the SNT Is the chairman of the dacha association an official

Many gardeners in their particular SNT do not understand the essence of democracy, nor the legal procedure for resolving partnership issues, nor the conditions for the existence of gardening partnerships. They often try to solve their problems by shouting and insulting, as well as by complaining to all authorities about the objectionable board and chairman. The belief in a good king who is pleasing to everyone is still alive today, but if the rule is pleasing to everyone, then it simply does not work at all.

The main and key figure in any gardening non-profit partnership has always been the chairman of the board. The well-being of gardeners largely depends on his talent to organize the work of the board and the public organization as a whole, because only a normal chairman is able to stop theft and lawlessness in the partnership.

People are not born to be the chairman of a horticultural non-profit partnership, and the laws in SNT are somewhat different from the production or operational organization where they may have once worked. For many reasons, SNT chairmen do not have time to visit lawyers or search and understand laws on the search network, although they have many questions on the forums, in particular, about the official rights and responsibilities of the chairperson.

Elections and re-elections of the chairman of the SNT

The job responsibilities and rights of the chairman of the SNT are determined by the job description, according to which he is hired or dismissed for this position by decision of the board and in accordance with current legislation. The chairman is elected by the general meeting (or meeting of authorized representatives) for a period of two years. The chairman may have a secretary and a deputy, who hold this position until the next election and, in the absence of the chairman, at his direction, perform the duties of a manager. The secretary of the board maintains a card index of SNT members and owners who live on the territory of the partnership without being its members - home address, telephone number, information about land documents, family composition.

Members of the board relieve the chairman from his position only in certain cases:

1. Upon a written statement from the chairman about the voluntary resignation of his duties.
2. For regular refusal to hold board meetings if its members insisted on this in writing.
3. If the chairman does not show up for work without a good reason for more than 10 days, and this fact is confirmed by acts of his absence during office hours and at board meetings, the administrative and administrative activities of the chairman for SNT employees were also not carried out during this period.
4. The chairman can also be fired for activities that caused financial damage to the organization due to abuse of power for personal gain (this fact must be confirmed by the audit commission).
5. If the chairman refuses to hold a reporting meeting within the time limits specified by law, and also does not systematically implement the decisions of general meetings, provided that they are completely legal. The same applies to board decisions.
6. They can be fired if they refuse to provide the audit commission with the opportunity to check all the necessary documentation of the partnership.

This list can be supplemented or shortened only at general meetings. The chairman is obliged to submit to the board of the SNT, guided in his work by the charter and legislation of the Russian Federation (in particular, Article 66 “On gardening, gardening and dacha non-profit organizations of citizens”), as well as decisions of the general meeting and the board. In his work, the chairman also takes into account the regulations of local authorities, if they are related to the activities of the partnership, as well as court decisions, if they have entered into legal force.

Main responsibilities of the chairman

The main responsibility of the chairman of the SNT is to carry out business activities in accordance with and within the limits provided for by the charter of the partnership and the federal law of April 15, 1998. No. 66-F3 (with additions). The chairman must know:

1. Provisions of the legislation of the Russian Federation that regulate the economic and legal activities of SNT.
2. Internal labor regulations of the organization.
3. Labor protection rules and regulations, fire safety rules, civil defense and safety regulations.
4. Technical and design documentation of the partnership, contractual documents on the supply of utilities.

The chairman himself observes and monitors compliance by all personnel (accountant, cashier, electrician, security guard) with internal regulations and job responsibilities, as well as sanitary standards and labor protection rules.

The chairman is obliged to carry out and ensure that all employees comply with the orders of the SNT board. As soon as the board or general meeting elects a chairman (with the corresponding resolution drawn up), the chairman can begin his official duties. Its powers are determined by the charter and Federal Law. If you disagree with the decision of the board, the chairman has the right to appeal it at the general meeting (meeting of authorized representatives). The manager acts without a power of attorney on behalf of the gardening partnership.

Job description for the chairman

What are the responsibilities of the SNT chairman?

1. Chair board meetings with the right of first signature on financial documents and minutes.
2. Conclude contracts, open bank accounts, issue powers of attorney.
3. Constantly monitor the proper performance of their duties by all employees.
4. Monitor the proper operation and safety of all SNT engineering equipment.
5. Conduct a weekly inspection of the organization’s common property to identify its technical condition, efficient operation and degree of wear.
6. Maintain contacts with representatives of energy supply and contractor organizations regarding the implementation of SNT contractual obligations. Organize access for specialists to engineering equipment.
7. Monitor the fulfillment of obligations by energy supply organizations and contractors under contracts with the partnership, promptly inform the board of violations of contractual obligations.
8. Conclude service agreements with third-party organizations in a timely manner, paying for their services at the specified rates.
9. The official responsibilities of the chairman of the SNT also include representing the interests of the partnership in the district administration, sanitary supervision, state supervision, technological supervision to the extent of his competence.
10. Take measures to eliminate emergency situations (power outage, accidents, etc.), draw up reports on emergency situations at the request of the owners.
11. Take and record the readings of electricity meters on a monthly basis (if necessary, with the involvement of employees of the relevant services), transmit the readings of the meters to the accounting department of SNT and to energy supply organizations.
12. Work with persistent defaulters to eliminate debt for maintenance and other services provided.
13. Inform owners in a timely manner about restrictions (or shutdowns) of the services provided using announcements posted on information stands, and monitor information on the SNT website.
14. Monitor applications, record them and timely execution by SNT employees.
15. Monitor the sanitary condition and cleanliness of the territory, including the container site.
16. At least once a quarter, inform the board of the partnership about plans and the results of their implementation.
17. Ensure the availability, safety and replenishment of working and technical documentation of SNT - plans, diagrams, drawings.
18. Monitor reporting – accounting, statistical, technical.
19. Monitor the activities of the chief accountant of a non-profit organization.
20. Verify the correctness of payments to SNT owners.
21. Together with members of the board, regularly monitor the condition of engineering equipment and external improvements in the partnership’s cottages, and take timely measures to eliminate any identified deficiencies.
22. Twice a month, receive members of the organization, both on personal and general issues of SNT activities.
23. Make purchases of material and technical resources that are necessary for the statutory activities of SNT.
24. Store confidential information that the chairman must possess in accordance with his position (financial condition of the organization, personal data of members of the partnership).
25. When performing official duties, be polite and correct with employees and land owners.
26. If the employment contract and legislation define other obligations, strictly comply with them.

Responsibilities of the Fire Safety Manager

According to the law “On Gardening Associations,” between general meetings the SNT is governed by a board headed by the chairman of the SNT, whose fire safety responsibilities include fulfilling the requirements of fire safety legislation.

The general meeting of members of the partnership assigns responsibilities to the board and its chairman to carry out specific activities:

Appoint someone responsible for the implementation of the Fire Safety Rules and send him to study, pass exams and receive the qualification and certificate “Responsible for Fire Safety”.

Have in the partnership and constantly maintain documentation on compliance with fire safety rules to the required extent:

• decision of the board on the appointment of a person responsible for fire safety and approval of the Fire Safety Rules in SNT;
• decision of the board on the appointment of a person responsible for electrical facilities;
• decision of the board on the appointment of a person responsible for fire extinguishing means;
• decision of the board on the issue of approval of the list of vigilantes;
• fire safety instructions during gas-electric welding and other hot work;
• instructions on the actions of staff in case of fire and evacuation;
• log of fire safety training for employees.

Organization of notification and information support

At the entrance, next to the sign with the name of the partnership, there should be a board with the SNT diagram. A copy of the diagram is sent to the fire department. To notify about a fire, the association must have a public address radio center, the siren of which is duplicated by mechanical means - a bell or a rail.

An information board on relevant topics with operational information should be installed on the territory of SNT. Posters and signs are also placed in public areas. The responsibilities of the board and chairman include informing and monitoring the mandatory installation by members of the partnership of a barrel of water or a fire extinguisher at their cottages. The chairman must monitor the timely cleaning of roads for the free passage of fire fighting equipment, as well as the absence of flammable waste dumps and fuel containers on the territory. In persistently hot and windy weather, as well as when a special fire-fighting regime is entrusted to SNT, the chairman and the board carry out explanatory work on fire prevention and actions in case of fire, and organize free patrolling by volunteer firemen.

Actions in case of fire

In the event of a fire, the chairman or members of the board must immediately call the fire department and also announce the fire by all means of warning (radio, bell, etc.). It is necessary to organize a meeting and escort of fire trucks to the fire. The chairman must take measures to rescue people and remove them from the fire zone with the help of a fire brigade. It is also necessary to remove strangers from the area.

Before the arrival of professional firefighters, it is necessary to begin fighting the fire with the help of your own fire brigade (in accordance with Law No. 100-FZ of May 6, 2011).

Rights of the chairman of the partnership

In addition to the duties, the chairman of the SNT also has the rights:

1. Represent the interests of SNT in government agencies and local governments.
2. Resolve personnel issues - hire employees, fire those who do not correspond to the position. In accordance with existing legislation, take punitive and reward measures against employees.
3. Give employees instructions that must be followed.
4. Suspend employees from work in case of gross violation of internal regulations, job responsibilities, sanitary standards, labor protection and fire safety rules.
5. To perform your official duties, use the information received from members of the board.
6. Use equipment, materials and inventory provided by the partnership.
7. The manager has the right to compensation for expenses incurred during the performance of official duties, previously agreed upon with the management board.
8. Receive from the owners of the partnership copies of documents establishing title and confirming their rights to land plots.
9. Petition before the general meeting (or board) to exclude debtors from members of the organization.
10. In accordance with the charter and laws of the Russian Federation, take other measures of influence against land owners who violate the charter, building codes and other provisions of the law.
11. The chairman has the right to polite, respectful and correct attitude of employees and members of the partnership.
12. If the current legislation and labor charter establish other rights for the chairman, then the manager of the SNT also has the right to them.

What is he responsible for?

The SNT manager is responsible for:

• organization of office work in SNT,
• accounting and storage of documents.
• correctness of concluded contracts,
• proper maintenance, operation and safety of property,
• timely and complete fulfillment of the terms of all contracts, making payments (together with accounting).

In particular, the chairman pays for the total electricity consumption according to a common meter. This amount is offset by the total readings of individual meters, so the job responsibilities of the SNT chairman also include issues of electricity control. When changing the meter from the owner of the site, he is obliged to take the readings of the old meter on the day of replacement and the readings of the new one on the day of installation, and the chairman must be sure that the meter is technically in good working order, that is, it has been tested by the power supply. It is strictly prohibited to charge members of the association at rates exceeding the amount established by the Energy Resources Commission (due to losses in wires, idle transformer, theft). Such activity entails criminal and administrative liability.

The power supply is stopped in the following cases:

• poor condition of electrical wiring,
• violations of electricity metering schemes,
• connecting pantographs past the meter,
• lack of access for officials to check the condition of electricity consumption devices,
• late payment for services.

Disabling is carried out after a warning and if the offender has not eliminated the problems on time. For other violations of the charter, for example, non-payment of membership fees, the board and chairman do not have the right to turn off electricity as a measure of influence on the defaulter.

Responsibilities of the Audit Commission

The Audit Commission is a permanent body of the SNT, elected at a general meeting of members of the partnership for financial and economic control over the activities of the association, its board and other officials.

The commission carries out its activities in accordance with the charter of the partnership, as well as relevant regulatory documents.

Members of the commission consisting of three people are elected for one to two years at a general meeting by open or absentee voting from among persons with higher (or basic higher) education - legal or economic and experience in the economic and legal sphere. A commission of two people is also eligible. If one is elected, he is called the Auditor. Any member of the partnership may be elected to the audit committee. A professional owner who permanently resides on the territory of the SNT, but is not a member of it, is approved separately.

The following may not be members of the audit commission:

• Chairman of the Board;
• board members and their relatives;
• debtor owners;
• persons with criminal records and disqualifications;
• someone by proxy from a member of SNT.

If other governing bodies are also elected at the general meeting, then the audit commission is appointed after them.

Functions of the Audit Commission:

1. Checking the financial documents of the partnership, inventory, constituent documentation, minutes of meetings and orders of the chairman and board, comparing the results with accounting data.
2. Verification of the legality of contracts and other transactions on behalf of the partnership.
3. Checking the prepared balance sheet, annual report, profit distribution, reports for the tax office, statistics and government agencies.
4. Assessing the validity of cost and income estimates.
5. Checking the actual availability of property and funds.
6. Verification of the intended use of funds and property.
7. Checking the validity of financial transactions, completeness and timely payment of taxes.
8. Checking the reasonableness of costs for capital expenditures and ongoing activities
9. Checking the financial condition and control of debt of SNT members.
10. Checking payroll calculations for individuals.

After checking the financial activities, the commission draws up a conclusion assessing the correctness of the documentation (reports, balance sheets, declarations). An audit of the financial activities of the association is carried out once a year. The results of the conclusion are presented to the general meeting only after the chairman and members of the board have familiarized themselves with them. The commission must promptly communicate to the board (in writing) the results of all inspections seven days before the general reporting meeting. For complaints from members - within 10 days.

When compiling a report, the commission develops precise recommendations for correcting deficiencies. The commission has no right to disclose all confidential financial information (personal data of members of the organization, its financial condition). In the absence of an external audit, the conclusion is made on the annual report of the partnership and the approved budget with salary accruals. The powers of the audit commission also include proposals to the general meeting on bonuses based on the results of the audit for the board and the audit commission to improve motivation in work.

The duties of the chairman of the audit commission include receiving members of the SNT once a month (a specific date is determined).

Responsibilities of the chairman and the board in relation to the audit commission:

1. During the period of inspections, the board provides all possible assistance in the work of the auditors, placing at their disposal an office, office equipment, and office supplies.
2. The chairman includes the nominations of owners who submitted an application to the ballot if the agenda of the meeting includes the issue of choosing an audit commission.
3. The chairman of the board of the partnership is obliged to provide the auditors with the documents that were indicated in the decision to conduct the audit or give a written explanation of their absence.
4. At the written request of any member, the board is obliged to familiarize him with the findings of the commission and provide copies of the conclusion.
5. When preparing the general reporting annual meeting of members of the association, the board and chairman are required to distribute to all their members the conclusions and reports of the audit commission.

Dear Arkady Viktorovich, below I have indicated for you an article of the criminal code that explains the concept of an official. I can also tell you that in order to tell you whether the persons you indicate will be officials, you need to know in relation to what situation they can or cannot be officials. As you will see in the article of the criminal code, the concept of an official in this article is related to a specific chapter of the criminal code, and not to the entire Russian legislation (in principle, it is possible to draw an analogy in other legislation under the criminal code, this interpretation of the Criminal Code by analogy is not permissible, but the interpretation of another an act by analogy with the Criminal Code is quite acceptable if this act does not directly prohibit such interpretation). On the legal basis, I have not found a Law that would describe the concept of an official in general terms. You can also determine whether a person is an official according to your charter, which sets out the rights and obligations of the founders and other persons. Thus, it turns out that if the persons you indicated occupy a certain position and have any authority, then in relation to your organization they are officials (they even have job descriptions). But at the same time, for example, if the chairman, who has the right to provide the premises of a flower shop to someone, has set up couches, organized, say, a bar where prostitutes come who provide services of a sexual nature, then the actions of this chairman are qualified by the law enforcement agency as providing premises for prostitution with using his official position, and not using his official position. Let’s say if there was a tax audit after which it was indicated that such and such officials did this and that, then then you can call them officials and this does not change the essence. Based on this, in essence, we can say that an official is a person who holds a position (even without authority, there are enough rights and responsibilities). So, in order for you to better understand the concept of an official and get an answer on this matter, you need to indicate the situation, because the question you have came up for a reason. In the meantime, we can only assume that with respect to your organization, the indicated persons (depending on their competence enshrined in the charter and other documents of the organization) are officials, but with respect to, say, another organization, they will not be officials, because are not related to this organization. The concept of an official who holds a position in a government body is defined, but in a non-profit organization it is simply a person holding a certain position, i.e. the concept is commonplace and does not require legislative regulation, which is perhaps why I have not found such a law.

Article 285. Abuse of official powers

1. The use by an official of his official powers contrary to the interests of the service, if this act was committed out of mercenary or other personal interest and entailed a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by arrest for a term of four to six months, or imprisonment for a term of up to four years.

2. The same act committed by a person holding a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation, as well as the head of a local government body, -

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

3. Acts provided for in parts one or two of this article, which entailed grave consequences, -

shall be punishable by imprisonment for a term of up to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Notes 1. In the articles of this chapter, officials are recognized as persons who permanently, temporarily or by special authority exercise the functions of a representative of government or perform organizational, administrative, administrative and economic functions in state bodies, local governments, state and municipal institutions, as well as in the Armed Forces Russian Federation, other troops and military formations of the Russian Federation.

2. In the articles of this chapter and other articles of this Code, persons holding public positions in the Russian Federation mean persons holding positions established by the Constitution of the Russian Federation, federal constitutional laws and federal laws for the direct execution of the powers of state bodies.

3. In the articles of this chapter and other articles of this Code, persons holding public positions in the constituent entities of the Russian Federation mean persons holding positions established by the constitutions or charters of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies.

4. Civil servants and employees of local self-government bodies who are not classified as officials bear criminal liability under the articles of this chapter in cases specifically provided for by the relevant articles.

I hope I could help you and not completely confuse you, if you ask anything, just try to pose the question more specifically and preferably about why such a question arose from what relationship and with whom, then it will be possible to say about the status regarding a specific situation, and So we can only assume.

Ordinary citizens who have become members of SNT - horticultural associations, are often not aware of what duties the chairman of the SNT must be required of him, what is the range of his legal actions and how to interact with him to protect their interests. Read more about this in our article.

To understand what functions the chairman of the SNT performs, you need to understand the legal and actual status of the horticultural non-profit partnership - why it is created, what laws it is regulated by and how it relates to the rights and interests of members.

The main goal and reason for the formation of SNT is to unite individuals to jointly resolve issues and tasks of economic activity, social, technical and material support.

The created partnership of gardeners must be registered with the Federal Tax Service inspection at its legal address - the decision and minutes of the meeting of all participants, the charter of the partnership, the decision on the selection of the governing body and the head are submitted.

SNT is a society of owners of gardening plots who make regular contributions to jointly meet the needs on the territory, pay wages to hired and selected employees of the partnership, purchase the required inventory, equipment, etc.

Among the main joint needs that are fulfilled through SNT are landscaping, development of the necessary infrastructure, installation of engineering networks, communications, protection of the rights of owners by a single person.

Chairman of SNT

At the general meeting of the members of the partnership, the executive body of the company is elected - the board and the chairman, who is also the head of SNT, who is also the manager.

Hierarchy of power:

• general meeting of all gardener participants;
• meeting of authorized representatives;
• the board is the executive branch, accountable to the SNT meeting;
• Chairman - head of the board.

The chairman is obliged to act in the interests of the organization's participants and comply with the job description assigned to him.

The official instructions are formed at the general meeting and correspond to the provisions of Federal Law 66, adopted in 1998 on April 15. The law applies to SNT, as well as dacha and gardening non-profit organizations.

Every gardener needs to study the current law in order to get a clear understanding of his rights and responsibilities, the status of his SNT and the rights and responsibilities of the chairman of the partnership.

The board, respectively, and the chairman, are elected in accordance with the norms of the charter of the partnership for 2 years. The election of members of the body is carried out by secret voting. The number of board members is not regulated by law and is determined by the meeting at its discretion and in accordance with the charter.

Together with the chairman, his deputy and secretary of the board are elected.

Responsibilities

The head of the board of SNT must correspond to his competence - be aware of the features of managing a garden partnership and have administrative skills.

He is obliged:

• operate with legislative acts in the field of SNT;
• know the accepted internal regulations of the board and partnership;
• understand issues of labor protection, technical and sanitary safety, fire protection measures, civil defense;
• know budget documentation, legislation on taxes, statistics, extra-budgetary insurance, basic accounting provisions, etc.

The head of the board must not only comply with the specified points, but also monitor their compliance with other board employees.

An important function of the chairman is to ensure the implementation of decisions made. After all, the board is an executive body of power, which means it is obliged to take care of the actual implementation of the will of the SNT members or authorized representatives.

Job description

The document is drawn up at the general meeting of SNT members and attached to the minutes. The chairman reads his instructions and signs the receipt or agreement.

If changes need to be made to the instructions, the adjustments are also discussed at the general meeting of the team and accepted with the consent of the participants.

As a rule, with several changes, an additional agreement sheet is attached to the instructions. If a lot of adjustments have been made, then a new instruction is drawn up and adopted.

Instruction points:

• participate in board meetings as chairman;
• endorse documents;
• issue powers of attorney based on your own certification;
• open current and other accounts in credit institutions;
• to make deals;
• monitor and control the implementation of decisions of the highest body of the SNT - the meeting of all members;
• ensure regular inspection of engineering systems, communications, equipment and machinery;
• ensure periodic inventory and assessment of property on the balance sheet of the partnership;
• interact with housing and utility services and suppliers of services and goods for SNT;
• exercise control over compliance with the obligations of the partnership to counterparties and counterparties to the partnership;
• identify facts of violation of routines and orders and take actions to eliminate and prevent them;
• act as a representative of SNT in various public and private organizations;
• ensure technical, fire, sanitary and hygienic and other types of safety on the territory of SNT, administer the elimination of accidents and their consequences, actions during accidents;
• control the legal taking of readings from measuring instruments for public housing and communal services and their timely dispatch to public utilities to avoid delays and penalties;
• administer a system for informing gardeners about upcoming events - shutdowns of utility systems, changes in legislation, convening a general meeting, etc.;
• accept applications from SNT members and give answers to them;
• prepare quarterly and annual reports on activities and plans for further goals and objectives;
• ensure compliance with legislative norms - on record keeping and document management of NPOs;
• check accounting data and the work of the SNT accounting department;
• organize periodic receptions for gardening participants;
• maintain data confidentiality in accordance with the company's charter;
• control the timely transaction of all necessary payments - wages, fiscal deductions, debts to suppliers and contractors;
• perform other duties.

How to shift?

• the chairman's own desire;
• refusal to hold meetings and meetings;
• absence from work for more than 10 days without extenuating circumstances;
• intentional damage to SNT;
• failure to comply with lawful decisions of the SNT meeting;
• refusal to provide reporting documents.

Early re-election of the board is possible if at least 1/3 of the participants in the general meeting require it.

Together with the chairman, the board is also dissolved to elect a new composition of the executive body, its head, deputy and secretary.

This brochure is compiled from frequently asked questions that we encounter at numerous gardening conferences and legal services.

I want to warn you right away: gardeners do not agree with all the answers; they argue with many and consider the current situation unfair. The fact is that we consider controversial situations not from the point of view of justice, but from the point of view of legality. The laws, however, today are so imperfect and so inconsistent with each other that gardeners find themselves outside the legal framework. The state is trying to shift the solution to almost all problems of gardeners, be it the implementation of the “dacha amnesty” or compliance with fire safety requirements, onto the shoulders of the gardeners themselves! To requests for help, officials almost always answer: “Collect money and do it”... And it’s a completely cannibalistic practice to impose all sorts of fines on gardening associations for “failure to comply with norms and rules”...
Alas, while normal legislative work in our sphere is being replaced everywhere by imitation and talking shop, and if any legislative acts slip through, they, as a rule, lead to a worsening of the situation and the emergence of new problems. An example of this is another simplification of the “dacha amnesty” adopted before the last State Duma elections. The result is massive boundary disputes between neighbors. A boundary conflict in judicial practice is the most difficult (and expensive!) case to resolve; it can drag on for decades!
Dear gardeners, today we can only rely on ourselves, so we must learn to protect ourselves. Let's work together to resist the illegal demands of officials, raiders, and all kinds of politicians who are trying to use us for their own selfish purposes...
And our main weapon in this will be legal knowledge. When you know even bad laws well, you have a chance to defend your rights and achieve justice!

Your Andrey Tumanov,
Chairman of the Council of the Moscow Union of Gardeners,
editor-in-chief of the newspaper “Your 6 Acres”.

1. What is SNT?

Answer: SNT is a horticultural non-profit partnership, a non-profit organization established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening. An association can also be created in the form of a non-profit partnership and a consumer cooperative.

2. If I have a garden plot, should I build something there or can I just plant a garden?

Answer: in accordance with Art. 1 of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” No. 66-FZ of April 15, 1998 (hereinafter referred to as the law on gardeners), garden land is provided to citizens for growing fruit, berries, vegetables, melons or other crops and potatoes , as well as for recreation (with the right to erect residential buildings and utility buildings and structures). Thus, to achieve the goal of using a garden plot, it is enough to develop the land - plant a garden, plant a vegetable garden. The presence of buildings is not mandatory. On a summer cottage, the construction of a residential building or residential building is a top priority.

3. Many years ago I was given a garden plot, now a building has been erected there. Why can’t I register this plot of land as my property?

Answer: Most garden plots were provided on a lease basis or on a temporary use basis in order, firstly, to give citizens the opportunity to grow the food they needed to survive, and secondly, to quickly and without compensation for the cost of property withdraw the land after harvesting. Currently, some of these sites are owned by the Russian Federation and are not subject to privatization. They can be rented. If the garden plot has been built up, then the structure may be in accordance with Art. 222 of the Civil Code of the Russian Federation is recognized as an unauthorized construction and, by a court decision, can be demolished at the expense of the person who built it.

4. If the partnership is non-profit, does this mean that I do not have to pay fees?

Answer: Non-profit organizations are organizations that do not have profit as the main purpose of their activities, but this does not mean that non-profit organizations do not carry out any economic activities. The activities of the SNT are aimed at meeting the needs of members for energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.

5. Is it possible to plant coniferous and deciduous trees instead of fruit trees?

Answer: on a garden and dacha plot there is no provision for planting non-fruit trees, and on a garden plot there is no provision for planting any trees or shrubs at all.

6. Should SNT contain the territory adjacent to the external borders (behind a common fence)?

Answer: The answer to this question is contained in the acts of the local government authorities in whose territory the association is located.

7. What taxes should I pay if I have a plot in SNT?

Answer: in accordance with Art. 2 of the Law of the Russian Federation of December 9, 1991

No. 2003-1 “On taxes on property of individuals”, the object of taxation is a residential building, apartment, room, cottage, garage, other building, premises and structures, as well as a share in the common ownership of this property. Heroes of the Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of groups I and II, disabled since childhood, participants in the Civil and Great Patriotic Wars and some other categories of citizens are exempt from paying property tax.

The tax on buildings, premises and structures is not paid for residential buildings with a living area of ​​up to 50 square meters and outbuildings and structures with a total area of ​​up to 50 square meters located on plots in gardening and dacha non-profit associations of citizens. In addition, in accordance with Ch. 31 “Local taxes” of the Tax Code of the Russian Federation, the object of taxation is land plots that are under the right of ownership, lifelong inheritable possession and permanent perpetual use. No one is exempt from paying land tax, however, regulatory legal acts of representative bodies of municipalities may establish tax benefits, grounds and procedures for their application.

Thus, a citizen must pay tax on the property he owns, and it is also necessary to remember that membership fees include the tax on public property of the SNT.

8. Is the garden plot inherited?

Answer: a garden plot of land is inherited along with the rest of the property of the deceased. Membership is not inherited, as it is a personal non-property right.

9. Is it possible to sell a garden plot?

Answer: the owner has the right to dispose of his property at his own discretion, including selling, donating, mortgaging. A contract for the purchase and sale of real estate can be drawn up in simple written form, must contain all essential conditions (object, price, etc.) and is subject to mandatory state registration in the department of the Federal Service for State Registration, Cadastre and Cartography.

The buyer's right to a land plot arises from the moment of state registration.

10. What should the SNT infrastructure be like? Is it necessary to conduct electricity?

Answer: the issue of creating the infrastructure of the association is the exclusive competence of the general meeting of members (meeting of authorized representatives) of the SNT. If the majority of members do not want to create any infrastructure facility, then no one can oblige them to make contributions for the creation of such facilities.

However, this provision does not apply to the necessary objects of engineering infrastructure - a fire pond, for example, or motor pumps - they must always be there, regardless of the decision of the general meeting of members.

11. Who sets the amount of the annual contribution?

Answer: establishing the amount of contributions falls within the exclusive competence of the general meeting of members (meeting of authorized representatives) of SNT.

12. Am I eligible to register for my garden house?

Answer: resolutions of the Constitutional Court of the Russian Federation dated June 30, 2011 No. 13-P and April 14, 2008 No. 7-P, paragraph two of Art. 1 of the Law on Gardeners is recognized as inconsistent with the Constitution of the Russian Federation in the part in which it excludes the possibility of registration of citizens at the place of residence in residential buildings owned by them, which are suitable for permanent residence and are located on garden land plots classified as agricultural lands and lands of populated areas.

Thus, the theoretical possibility of registration in a residential building (this is what a garden house is called from the point of view of the law) exists, however, the process of implementing this right is complex and is currently not streamlined.

“At the same time, owners of such land plots (garden plots located on agricultural lands) should take into account that registration at the place of residence in residential buildings located on them suitable for permanent residence does not lead to the acquisition of the status of a populated area by the corresponding territory and, therefore, does not impose responsibilities on public authorities for its improvement, creation and maintenance of communal, transport and other infrastructures, with the exception of resolving issues directly related to the implementation of fundamental rights and freedoms of man and citizen. Therefore, when choosing as a place of residence a residential building located on a land plot classified as agricultural land, citizens must consciously accept those possible inconveniences that are a consequence of living outside the territory of populated areas.”

13. The amount of the membership fee - who sets it, what are the deadlines for payment?

Answer: The amount of the membership fee is established by a decision of the general meeting of members (meeting of authorized persons) of SNT, the deadline for making the payment may be established by the charter, or perhaps by a decision of the general meeting of members (meeting of authorized persons).

soaked) SNT.

14. What documents are the basis for state registration of ownership of a garden plot?

Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it,” the basis for state registration of a citizen’s ownership of a garden or dacha land plot may be one of the following documents:

• an act on the provision of a given land plot to a citizen, issued by a state authority or local government body within its competence and in the manner established by the legislation in force at the place of publication of the act at the time of its publication;
• an act (certificate) of a citizen’s right to a given land plot, issued by an authorized government body in the manner established by the legislation in force at the place of publication of the act at the time of its publication;
• another document establishing or certifying a citizen’s right to a given land plot.

15. What are the responsibilities of SNT members?

Answer: The rights and obligations of SNT members are determined by Art. 19 of the law on gardeners - this article is given in full in Appendix No. 1.

16. What is common property?

Answer: in accordance with Art. 1 of the law on gardeners, common use property includes property (including land plots) intended to provide, within the territory of the association, the needs of its members for passage, travel, water supply and sanitation, electricity supply, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire-fighting structures, etc.).

Please note that in a horticultural non-profit partnership, these property items may be jointly owned by the members or owned by a legal entity - the SNT itself.

17. If I want to survey a plot of land, where to start?

Answer: To carry out boundary work, it is necessary to conclude an agreement on carrying out the necessary work with a person duly certified as a cadastral engineer. The coordinates of such persons can be found on the Rosreestr website - www.rosreestr.ru.

18. How are land disputes resolved?

Answer: If the parties cannot agree on the location of the boundary of the land plot, then the matter is subject to consideration by the court. Let us note that in order to resolve a land dispute, it is most often necessary to appoint a land management examination, the cost of which is high and most often incommensurate with the cost of the disputed piece of land.

Territorial jurisdiction is determined by the location of the land plot.

19. Can the chairman of the board be elected by the board of SNT?

Answer: in accordance with paragraphs. 4 paragraphs 1 art. 21 of the law on gardeners, the exclusive competence of the general meeting of members (meeting of authorized representatives) includes the election of the chairman of the board and the early termination of his powers, unless otherwise provided by the charter of such an association. Consequently, the SNT charter may establish the election of the chairman of the board at a board meeting.

20. Does a SNT member have a pre-emptive right to purchase a neighbor’s plot?

Answer: A member of the SNT does not have the right of first refusal to purchase an adjacent land plot. Such a right arises only where there is common property.

21. What is the membership fee, who pays it, what other fees are there?

Answer: in accordance with Art. 1 of the law on gardeners, membership fees are funds periodically contributed by members of a gardening association to pay for the labor of workers who have entered into employment contracts with such an association, and other current expenses of the association. That is, membership fees are spent on the maintenance of the legal entity itself. The law also provides for the following types of contributions:

introductory and targeted - in non-profit partnerships and non-profit partnerships, in consumer cooperatives

We provide for the collection of entrance, membership, share and additional fees, each of which must be spent

be carried out in accordance with the purposes defined by law.

22. How to hold a general meeting of SNT members?

Answer: the general meeting of members is the highest governing body of the association, it can be regular, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor (audit commission), no less than 1/5 of the total number members, as well as the requirements of the local government. The procedure for notifying members of an upcoming general meeting is determined by the association's charter, which also specifies the procedure for electing authorized representatives (if the association provides for holding a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding a general meeting of members and the voting procedure are determined by the regulations for holding general meetings, which are approved at the general meeting of members of the association.

23. At what distance from the border can I build buildings on my garden plot?

The answer to this question is contained in clause 6.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures”, this document is given in Appendix No. 2.

24. Can I isolate myself from my neighbors with a solid fence?

Answer: Continuous fencing of a garden plot of land is permitted with the written consent of the neighbor. See clause 6.2 SP 53.13330.2011.

25. Is it allowed to breed bees in a garden plot?

Answer: in accordance with clause 7.9.* of the Code of Rules for the design and construction of SP 11-106-97 “The procedure for the development, coordination, approval and composition of design and planning documentation for the development of the territories of gardening associations of citizens”, the construction of an apiary is allowed on the territory of a garden (dacha) plot . The apiary must have a blind fence 2 m high, and be located no closer than 2 m from the boundaries of the site.

26. What to do if the chairman of the SNT refuses to submit reports and decisions of general meetings?

Answer: In accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, the right of a member of an association is to receive information about the activities of the management bodies of the association and its control body. If the board refuses to provide documents, the refusal can be appealed in court.

27. Why are some other taxes included in the estimate in addition to the wages of the accountant, watchman and electrician?

Answer: a gardening non-profit association of citizens is a legal entity and is obliged to fully comply with the requirements of labor legislation; SNT makes contributions to all funds on the same basis as other commercial organizations. In 2011, contributions to the funds amounted to 34.2% of the wage fund. Transfer of contributions to the funds is mandatory.

28. Can I install a greenhouse on my property?

Answer: yes, you can, one meter from the border of the land plot. In addition, if the greenhouse is on a foundation, you can register ownership of this property. The registration procedure is exactly the same as for registering any other building on a garden plot.

Answer: The amount of land tax depends on the area of ​​the land plot, its cadastral value and the land tax rate. The area of ​​the plot, as well as its cadastral value, can be found out from the cadastral extract or found on the Rosreestr website. You can also calculate by multiplying the specific indicator of the cadastral value (measured in rubles per square meter) by the area of ​​the land plot (it can be found in the certificate). The land tax rate is determined by the representative body of the municipality on whose territory the gardener’s land plot is located.

30. Why should SNT pay for a negative impact on the environment if it is not production and does not have emissions or discharges?

Answer: waste disposed of at the landfill is the property of the association. Under the garbage removal agreement, only the movement of SNT property (garbage) from the association to the solid waste landfill is carried out, in accordance with Art. 210

According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property.

31. How should the removal of household waste from SNT be organized?

Answer: waste removal from SNT must be organized in accordance with the requirements imposed by acts of local governments in whose territory the associations are located.

32. Is it possible to burn garbage on your property?

Answer: burning waste on garden or dacha land is not allowed.

33. What fire safety requirements apply to SNT?

Answer: Fire safety requirements are formulated in Federal Law No. 123-FZ of July 22, 2008 “Technical Regulations on Fire Safety Requirements”:

Clause 18 Art. 67 states that on the territory of a gardening, gardening and dacha non-profit association of citizens, fire fighting equipment must be provided with access to all garden plots combined into groups and public facilities. The width of the carriageway of streets must be at least 7 meters, driveways - at least 3.5 meters.

In paragraph 18. Art. 68 states that in order to ensure fire extinguishing on the public territory of the association, fire-fighting ponds or reservoirs with a capacity of at least 25 cubic meters with a number of sites up to 300 and at least 60 cubic meters with a number of sites more than 300 must be provided (each with sites for installing fire equipment, with possibility of water intake by pumps and provision of access for at least 2 fire trucks).

The requirements are also contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures”, the norms of which are mandatory for execution.

34. Am I obliged to become a member of SNT?

Answer: in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or remain in any association. Thus, becoming a member of an association is a voluntary expression of the will of a citizen.

35. Should the chairman provide the tax authorities with information about the members of the association, including providing copies of passports and land certificates?

Answer: The state cadastral registration body, the body that conducts state registration of rights to real estate and transactions with it (Land Cadastral Chamber and Rosreestr, respectively), in the order of information interaction, exchange information about the copyright holders of real estate for tax purposes.

The chairman of the board of SNT should not provide information about members of the organization to the tax authorities. In addition, in accordance with paragraph 4 of Art. 6 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, a person processing personal data on behalf of an operator is not required to obtain the consent of the subject of personal data to process his personal data. Thus, if there is a need to provide the personal data of members anywhere, it is first necessary to obtain the written consent of the members of the association.

36. If a SNT member does not pay fees, can he be deprived of the right to use electricity?

Answer: No you can not. It is necessary to work with defaulters, including collecting debts on contributions in court.

37. How should biowaste be disposed of? Is a septic tank required on the site?

Answer: The answer to this question is contained in clauses 8.6–8.7 of the Code of Rules SP 53.13330.2011 “SNiP 30-02-97*. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures” (see Appendix No. 2).

38. Is it possible to elect a chairman from outside the SNT members?

Answer: The chairman of the board is elected from among the members of the board. And in accordance with Art. 21 of the law on gardeners, the board is elected from among the members of the association.

39. Does SNT have the right to engage in entrepreneurial activities?

Answer: yes, it does, but profits from business activities should not be distributed among participants

(members) of the association, but should be spent on achieving the statutory goals of the SNT.

40. Why do gardeners pay for electricity like city residents if their plots are located in rural areas?

Answer: to the category “Consumers equal to the population” in accordance with paragraph 27 of the Methodological guidelines for calculating regulated tariffs and prices for electric (heat) energy in the retail (consumer) market, approved by order of the Federal Tariff Service dated 06.08.2004 No. 20- e/2, also include horticultural, gardening or dacha non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, horticulture and dacha farming. The subject of the Federation did not take advantage of the right to provide benefits to gardening associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the rate established for the rural population.

41. What to look for when buying a plot?

Answer: when buying a land plot, you need to pay attention to the powers of the person selling the plot (is he the owner or acts by proxy), to documents on land rights, to whether land surveying has been carried out or not (if not, there may be unpleasant “surprises”) ; get to know your neighbors and find out from the board of the association whether the owner of the plot has debts in terms of contributions (if he is a member of the association) or in terms of payment under the contract (if he gardens individually). If something is in doubt (price, documents), it is better to show the documents to a lawyer and, possibly, refuse the purchase.

42. Based on what is the size of the contribution to SNT calculated?

Answer: The amount of the contribution to the SNT is established based on the list of planned works, their cost, and a certain estimate. The amount received is divided by the number of members of the association.

43. Who can convene an extraordinary general meeting of members?

Answer: An extraordinary general meeting of members may be convened by the board or in accordance with Art. 25 of the law on gardeners, if a threat is created to the interests of the association and its members, or if abuses by members of the board of the association and the chairman of the board are identified, an extraordinary general meeting of members may be convened by the auditor (audit commission) of the association.

44. Should a citizen who gardens individually be required to pay targeted contributions?

Answer: Art. 1 of the law on gardeners determines that targeted contributions are funds contributed by members of the SNT or SNP for the acquisition (creation) of public facilities. The law does not provide for the possibility of collecting targeted contributions from citizens who are not members of the association.

45. What should targeted contributions to SNT be spent on?

Answer: targeted contributions to the SNT are spent on the creation of public facilities. Property created with targeted contributions from members of the partnership is jointly owned by the members of such an association.

46. ​​Is a citizen who gardens individually required to sign an agreement on the use of infrastructure facilities, the text of which was approved by the general meeting of SNT members?

Answer: no, civil law is based on the recognition of the equality of the parties to an agreement, therefore signing an agreement on the terms established by the general meeting of members is an individual’s right, but not an obligation.

47. Who can a member of the SNT entrust the right to participate in the general meeting?

Answer: a member of SNT can entrust the right to participate in the general meeting of members to anyone, another member of SNT, his relative or a complete stranger. It is only necessary to certify the member’s signature on the power of attorney. The signature is certified by the chairman of the board of SNT.

48. Who are the commissioners, what powers do they have, how are they elected?

Answer: authorized persons are those persons who are elected in accordance with the charter of the association and represent the interests of persons delegating powers to them at general meetings held in the form of a meeting of authorized representatives. The authorized representatives are members of the SNT and cannot transfer their powers to other persons.

49. What are the higher authorities of the SNT?

Answer: SNT does not have any higher authorities.

50. Is it necessary to register buildings located on a land plot?

Answer: registration of buildings located on garden or dacha plots is carried out in a simplified manner on the basis of a declaration of real estate, approved by order of the Ministry of Economic Development of Russia dated November 3, 2009 No. 447 and is a gardener’s right, but not an obligation.

51. According to the documents, I was provided with a land plot of 6 acres. How much land can I register if I actually use a larger area?

Answer: subject to the approval of boundaries with all adjacent land users, a citizen has the right to register a land plot within the existing boundaries, if the resulting area as a result of land surveying does not exceed one minimum size of a land plot provided in a given subject of the Russian Federation for the purposes of gardening (for a garden plot), running a summer cottage and etc. In the Moscow region, the minimum area of ​​land that is provided for gardening is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can obtain a plot of up to 14 acres. However, this provision of the law is rather declarative in nature; the author has not encountered any precedents for registering plots within the existing boundaries.

52. Do state and local governments provide any support to gardeners?

Answer: State and local authorities provide support to gardeners and their associations.

More information about programs to support associations can be found in the local government body or in the executive body of the constituent entity of the Russian Federation, which is responsible for interaction with gardeners.

53. Why is a transaction for the sale and purchase of a land plot not requiring a certificate from the chairman about debts on contributions?

Answer: because such a document is not presented for state registration of the transfer of ownership, sometimes buyers (see question No. 41) or notaries ask for such a certificate. If the seller and the buyer enter into an agreement in simple written form (without notarization) and the buyer does not ask for such a certificate, then taking such a certificate is a matter of conscience of the seller (as is the voluntary payment of contributions and debts on them), but not his responsibility. Let us add that it is impossible to demand debts on the seller’s contributions from the buyer.

54. Why did it become possible to build apartment buildings on garden plots?

Answer: because in accordance with paragraphs. 1 clause 17 art. 51 of the Town Planning Code of the Russian Federation, the issuance of a building permit is not required in the case of construction on a land plot provided for gardening, dacha farming, and the area of ​​the building area is not standardized.

55. How to become a member of SNT?

Answer: To become a member of the SNT, you must own a plot of land within the boundaries of the land allocation provided for the location of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of those present at the general meeting of members (meeting of authorized persons) of the association.

56. How and where can I find out who is the chairman of our SNT?

Answer: it is necessary to order an extract from the Unified State Register of Legal Entities. To do this, you need to contact the tax authorities at the place of registration of SNT.

Public information about any legal entity is provided to any applicant for a fee.

57. Why, when registering the right to public land, did they ask me for a receipt for 15 thousand rubles? Who installed this?

Answer: in accordance with paragraphs. 22 clause 2 art. 333.33 of the Tax Code of the Russian Federation, the state fee for state registration of rights, restrictions (encumbrances) of rights to real estate for an organization is 15,000 rubles.

58. What documents can I, as a member of the SNT, freely get acquainted with? If the chairman of the board does not allow you to read the charter, what should you do?

Answer: as a member of SNT in accordance with paragraphs. 2 p. 1 art. 19 of the law on gardeners, you have the right to get acquainted with the charter, constituent documents, minutes of general meetings of members, minutes of board meetings, get acquainted with estimates, reports of the board and acts of the audit commission. If the board refuses to familiarize itself with documents, such refusal can be appealed in court.

59. Where can I go if I am not satisfied with the work of the SNT board?

Answer: if a member of the association is not satisfied with the work of the association’s board, it is necessary to assemble an initiative group of at least 1/5 of the total number of SNT members and demand the convening of an extraordinary general meeting of members,

60. Should I notify the SNT board if I sell a plot or make any other transaction?

Answer: A member of an association does not have such an obligation. Although, in order to avoid claims for unpaid contributions, it is better to notify the board about the planned sale of the site and obtain a certificate stating that there are no debts on contributions. However, this is only the right of a member of the association, but not his obligation.

61. What measures of influence can be applied to members of the SNT and for what?

Answer: in accordance with paragraph 4 of Art. 18 of the law on gardeners, the association’s charter specifies, among other things, the grounds and procedure for expulsion from members of the association and the application of other sanctions for violation of the charter or internal rules of the association. Other measures may include, for example, charging penalties for late contributions and payments. The amount of penalties is established by a decision of the general meeting of members (meeting of authorized persons).

Answer: the board is elected by a simple majority of votes of the members present at the meeting.

63. Can a member of the SNT count on the protection of his interests by the board?

Answer: There are practically no cases of active defense of the rights of SNT members by the board. However, SNT can participate in the court hearing as a third party.

64. Who are the founders, how did they appear, what are their rights and obligations, can founders be excluded from the Unified State Register of Legal Entities?

Answer: founders are those citizens who decide to create SNT (or any other organization), and their names are entered in the Unified State Register of Legal Entities. In accordance with clause 4.11 of the canceled order of the Federal Tax Service of the Russian Federation dated November 1, 2004 No. SAE-3-09/16@ on methodological explanations for filling out document forms used for state registration of a legal entity and individual entrepreneur, when submitting an application for state registration of HOAs , ST in the information about the founders, information about the members of the board is indicated.

65. Can foreign citizens become members of SNT?

Answer: Yes they can. Please note that a foreigner can purchase a garden or dacha plot as a property.

66. What rights do I lose when I leave the SNT membership?

Answer: When you leave SNT, you will lose the right to elect and be elected to the governing bodies of SNT and the right to common property, which is jointly owned by SNT members.

67. Why are associations of gardening associations created?

Answer: associations (unions) of horticultural associations are created to achieve some common goals of the organizations included in them. In addition, the association may be granted the right to audit the economic and financial activities of member associations. Public organizations should be distinguished from associations, which, although they have the word “union” in their name, this is not an indication of the organizational and legal form. Public organizations do not have the right to interfere (forcibly) in the activities of SNT.

68. Within our SNT, a group of members registered their new SNT. Now they are demanding that we provide part of the property. What should we do now?

Answer: citizens have the right to unite, including the right to decide to create “their own” SNT. In this case, they do not have any rights to the property of an already existing association. If citizens wish to separate from the existing SNT, then a reorganization procedure is required, the decision on which is made by a qualified majority of votes of members at the general meeting of members (meeting of authorized persons) of the SNT.

69. Who sets the size of the entrance fee to SNT and when does it need to be paid?

Answer: The amount of the entrance fee is determined by the decision of the general meeting of members (meeting of authorized representatives) and is paid after the decision is made to admit a citizen to membership in the association. It should be remembered that an inflated entrance fee will lead to refusal of land owners to become members of the association.

70. Our SNT does not have a current account; we pay all contributions in cash. Is an entry in the membership book about the contribution made enough?

Answer: no, not enough. The person accepting contributions is obliged to issue a counterfoil to the cash receipt order. In addition, having a current account with a legal entity is mandatory! And SNT members have the right to transfer funds to the association’s account.

71. I am the new chairman of the SNT, I was elected 10 days ago. Why did the tax office fine me 5 thousand rubles?

Answer: a legal entity, within three working days from the date of making a decision to change the constituent documents of the association - that is, its charter, in the event of changes not related to amendments to the constituent documents, for example, when changing the chairman of the board, within three days it is obliged to notify the registering person about this organ. To do this, it is necessary to fill out the necessary forms approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 439 “On approval of forms and requirements for the execution of documents used for state registration of legal entities, as well as individuals as individual entrepreneurs.” If the documents are not submitted on time, then in accordance with Art. 14.25 of the Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ, this entails a warning or the imposition of an administrative fine in the amount of five thousand rubles.

72. What is the difference between voluntary withdrawal from SNT membership and expulsion?

Answer: in that withdrawal is carried out voluntarily, according to the written expression of the will of the member, and expulsion is carried out by a qualified majority of votes of members (authorized representatives) present at the general meeting for those violations of the charter for which expulsion from membership is provided as a sanction.

73. What will happen to my site if I am expelled from the SNT members?

Answer: the plot will remain on the same right as it was. That is, also owned. The only case when questions may arise about the fate of the site is if the entire land allotment was granted to a legal entity or to the common ownership of members.

74. Do citizens of preferential categories (disabled people, veterans, large families) have the right to receive land plots?

Answer: Citizens of these categories have the right to preferential provision of garden plots. However, after the entry into force of the Land Code of the Russian Federation, such provision is carried out for a fee. Free provision of land ownership after 2001 practically does not occur.

75. I believe that the target contribution for the creation of an infrastructure facility should be paid only if I use the property that will be created. Am I right?

Answer: no, they're wrong. If the decision to create an infrastructure facility is made by a decision of a competent general meeting, then regardless of whether you were at the meeting, voted for or against the decision, the target contribution must be submitted. If the fee is not paid, the board may collect the debt through legal action.

76. What laws regulate the activities of gardening associations of citizens?

Answer: Currently, the activities of gardening, dacha and vegetable gardening non-profit associations of citizens are regulated by the following regulations:

• The Constitution of the Russian Federation;
• Civil Code of the Russian Federation;
• Land Code of the Russian Federation;
• Tax Code of the Russian Federation;
• Federal Law of April 15, 1998 No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens”;
• Federal Law of August 8, 2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs”;
• Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”;
• Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”;
• Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation”;
• Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ and many
• other regulatory legal acts.

77. Who can be an auditor in SNT, are there any requirements for the qualifications of an auditor?

Answer: A member of the association who is not related or related to the members of the board (and its chairman) can be elected as an SNT auditor. The Law on Gardeners does not impose any qualification requirements for auditors.

78. I am selling a plot of land in SNT, should the board return all my fees - entrance, membership and target?

Answer: The SNT charter must specify the procedure for returning targeted contributions made. Membership and entry fees are non-refundable.

79. How long will the “dacha amnesty” last?

Answer: The “dacha amnesty”, namely the simplified procedure for registering rights to land plots and buildings on dacha and garden plots, has no deadline.

80. Am I required to register the right to a land plot?

Answer: no, registration of rights to real estate is a right, but not an obligation, of a gardener.

81. Is there any deadline for re-registration of rights to public lands?

Answer: re-registration of the right of permanent (indefinite) use of land plots by horticultural, gardening and dacha non-profit associations of citizens is carried out in the manner established by Article 28 of the Federal Law “On horticultural, gardening and dacha non-profit associations of citizens”, while in accordance with clause 2.1 of Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation” is not limited in time.

82. What issues can be resolved by a general meeting held in absentia?

Answer: In absentia, decisions cannot be made on approving the income and expenditure estimates, on accepting a report on the activities of the board and the audit commission, and elections of the board cannot be made in absentia.

Answer: Each member at the general meeting of members has one vote. If other members of the SNT have delegated their votes to a specific member (by proxy), then this member has a number of votes equal to the number of issued proxies, plus his one vote.

84. How many powers of attorney for participation in a general meeting of members can be issued to one person?

Answer: The number of powers of attorney issued to one person is not limited by law.

85. Does a gardening association have the right to charge penalties in case of late payment of membership fees?

Answer: maybe, if the charter mentions penalties as penalties, and the general meeting of members has established their amount.

86. Which organizations should gardeners contact to protect their rights?

Answer: The body exercising supervision over the activities of non-profit organizations is the Prosecutor's Office of the Russian Federation, and the protection of rights is carried out in court. Therefore, gardeners need to go to court.

87. How are membership fees of SNT members calculated legally - per plot or per hundred square meters?

Answer: clause 1 art. 18 of the law on gardeners indicates that members of the SNT can be citizens of the Russian Federation who have reached the age of eighteen and have land plots within the boundaries of such a partnership. Also, this article makes it possible for minors and minors to become members of the SNT if land plots were transferred to them, for example, by inheritance, and also gives the right to become a member of the SNT to a foreign citizen or stateless person. In addition, in accordance with paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or remain in any association - that is, membership in the SNT is voluntary.

Thus, an individual who is the legal owner of a land plot located within the boundaries of the association can become a member of a gardening non-profit partnership. And if one individual is the owner of several plots, even located in different places of the partnership, then he can still become a member only once. It is impossible to be a “twice member” or “three times a member”.

In accordance with Art. 20 of the law on gardeners, the general meeting of SNT members is the highest governing body of such an association.

The legislator does not directly indicate that the weight of the vote (the number of votes) somehow depends on the amount of property owned by this member. We can see an example of a direct indication of this in paragraph 4 of Art. 49 of the Federal Law of December 26, 1995 No. 208-FZ “On Joint Stock Companies”:

“decisions on issues are made by the general meeting of shareholders with a three-quarters majority vote of shareholders - owners of voting shares participating in the general meeting of shareholders” and clause 4 of Art. 146 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ: “Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership or their representatives present at the general meeting.”

Thus, regardless of the number of land plots, a citizen can be a member of the SNT only once and has one vote at the general meeting of members.

In accordance with Art. 1 of the law on gardeners, membership fees are funds periodically contributed by SNT members to pay for the labor of workers who have entered into employment contracts with such an association, and other current expenses of such an association.

In essence, membership fees go towards the maintenance of the legal entity and its management bodies. Please note: not the maintenance of the property, but specifically the legal entity itself - office and postal expenses, fees, legal costs, wages, taxes and contributions.

If the rights and obligations of members are equal, then the participation of each member in the maintenance of the legal entity must be equal.

Separately, we note that in accordance with the SNT charter, a special fund can be formed in it, which consists of state support funds, income from SNT business activities, membership and entrance fees. Using the funds of the special fund, property is created that belongs to a legal entity - SNT itself.

After the liquidation of the SNT, the funds remaining after settlements with creditors are distributed equally among the former members of the SNT. Thus, membership fees are equal for members regardless of the size/number of garden plots occupied.

The situation with targeted contributions is different. According to the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property, therefore, for the repair of the road inside the SNT, the owner of three plots (as a co-owner of three shares in common property, if the shares are properly registered) will pay a triple contribution.

However, according to Art. 245 of the Civil Code of the Russian Federation “If the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all its participants, the shares are considered equal.”

Based on the foregoing, we can conclude that in the event of liquidation of the SNT, the property (in monetary terms, after its sale) will be divided among the members in equal shares.

Consequently, in the absence of an agreement between members on the size of shares, target contributions should also be equal for all members of the SNT.

88. In our SNT there are plots whose owners do not cultivate them; we have to mow them ourselves. Can we sell them?

Answer: You can only dispose of the property that belongs to you. It is obvious that the abandoned site has an owner. The disposal of such a site (even if they were given conditionally free use) is fraud. If there are abandoned lands in SNT, we recommend contacting Rosreestr and inspectors of state land control.

89. What to do with a plot whose owner has died and no heirs have appeared?

Answer: Nothing can be done with such a site. In accordance with the procedure established by law, such property is recognized as escheated and becomes the property of the municipality.

90. I bought a plot from a SNT member who did not pay fees. Should I pay off his debts?

Answer: no, they shouldn't. The board must collect dues from the seller.

91. The chairman refuses to sign the act of approving the boundaries of the land plot and give me a certificate stating that the land was legally provided to me. Motivated by the fact that my dues have not been paid. Is he right?

Answer: no, the chairman of the board is wrong in this case.

92. How is the redemption price of property seized for state needs determined?

Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes the market value of the land plot and the real estate located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit. If there is no agreement on the redemption price, the issue can be resolved in court.

93. Why in SNT is not every gardener a subscriber under an energy supply contract, but the association as a whole?

Answer: for the reason that the energy supply agreement is concluded not with each specific gardener, but with the legal entity as a whole.

94. Why should gardeners pay for losses in electrical networks?

Answer: the content of this issue is a matter of debate. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case, electrical networks. If an energy supply agreement is concluded with each specific gardener, then payments for network losses are not made.

95. Is SNiP 30-02-97* a regulatory document, the requirements of which are mandatory for all gardeners?

Answer: This document was valid until May 19, 2011. Since May 20, 2011, the Code of Rules SP 53.13330.2011 “SNiP 30-02-97* has been in force. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures”, which is included in the List of national standards and sets of rules, approved by Order of the Government of the Russian Federation of June 21, 2010 No. 1047-r, which, according to Part 4 of Art. 6 of the Federal Law of December 30, 2009

No. 384-FZ “Technical Regulations on the Safety of Buildings and Structures” are mandatory for application.

96. I have a privatized plot in SNT. I pay taxes to the state, why should I pay any more money for my privatized plot?

Answer: The obligation to pay land tax lies with each owner of a land plot. Registration of ownership of a land plot does not entail the termination of the obligation to participate in the maintenance of public property and the legal entity itself. Thus, the member still needs to pay membership and target fees in the partnership.

97. A SNT member who did not pay his dues died. How to force the heirs to pay contributions - the father’s debts and the money that they themselves owe as the new owners.

Answer: It is possible to force the heirs to pay the debts of the testator in court. Please note that you can only recover those funds that the deceased did not pay. Those “debts for the plot” that arose after the death of the testator cannot be recovered. The owner of the land plot pays membership fees if he is a member, or pays according to an agreement if he is not a member and such an agreement has been concluded. If the agreement has not been concluded and the citizen is not a member, he has no obligation to deposit any funds into the association’s treasury.

98. How and where can you find out who is the owner of a land plot?

Answer: contact the territorial department of Rosreestr (at the location of the property). If the right to a land plot is registered, you will be given a certificate of the legal owner.

99. We don't want to live in SNT. What will happen to our land after the liquidation of SNT?

Answer: plots owned by citizens will remain with them under the same rights as before. The common property will likely be sold. And then the owner will have the opportunity to independently set the amount of payment for the use of his property.

100. When will the current law on gardeners be changed?

Answer: Unfortunately, no one knows the answer to this question. From the point of view of common sense, this law must be repealed and relations between property owners regulated in accordance with the provisions of the civil legislation of the Russian Federation and the Constitution.

It has been sacred to Russians for more than one generation. The activities of associations of gardeners and gardeners are regulated Federal Law No. 66, which was adopted in the country back in 1998. According to this law, all dachas partnership are non-profit associations, have their own Charter and the governing body - general meeting, which selects the Board, its Chairman and. To create them, you need the desire to unite at least three citizens who decide to create an SNT.

The date of creation of the partnership is considered the moment information about the association of gardeners and gardeners is entered into Unified State Register of Legal Entities, which is mandatory.

The main document of the SNT regulating the activities of the association is Charter. It is approved and accepted on. It is based on a standard form, which is adjusted in accordance with local characteristics. All provisions of the Charter must comply with the requirements of current legislation. The document describes the management structure of the company, terms and procedure for their election, rights and obligations, as well as goals, objectives and internal regulations of SNT. The purpose of creating non-profit partnerships of gardeners and gardeners is to unite collective efforts to solve social and economic problems.

are created to resolve urgent issues. They keep records on the expenditure of funds of the non-profit association, deal with the allocation of lands belonging to SNT, garbage removal and other issues related to the organization of life of holiday villages and cooperatives.

Features of the election of the board of the partnership Such documents are subject to mandatory recording and storage. The form of voting when choosing the SNT board is secret , unless otherwise provided in the Charter of the partnership. The law prohibits the election of members of the Management Board open voting

. The law establishes the deadline for electing the management body of the partnership. It is limited to two years. The number of members of the Management Board is determined by the general meeting when forming the Charter of the company and is enshrined in its provisions. The same document determines the number of members of the Audit Commission and the procedure for its election. Re-elect the bodies of the Management Board of the company possible by convening members of society. The initiators of its implementation can be no less than 1/5 SNT participants or the Audit Commission. A refusal to hold such a meeting, according to current legislation, may be a violation of the procedure for convening. This procedure is established in the Charter of the partnership. If there are no violations, the meeting must be held within 30 days

from the moment the decision to convene it is made. The reason for convening an extraordinary meeting of the SNT may be not only the unsatisfactory work of the bodies of the Association’s Board, but also the withdrawal of former participants from its membership, as well as other reasons provided for Charter of the partnership . Decisions at meetings are made by a majority of the members of the partnership, unless otherwise provided in the Charter. The meeting is considered valid and valid if a quorum of members of the company is present at it - more than half

its participants.

Powers of the board of the partnership The SNT Board is a governing body that makes all decisions collectively and is elected by members of the non-profit association at their general meeting. Elections are held in accordance with the SNT Charter. The collegiality of partnership management is determined by current legislation. limits his power and administrative functions. He does not have the right to make decisions important for SNT alone.

The work of the SNT Board and its Chairman should be aimed only at implementing the decisions of the meeting of members of the partnership. The role of the Chairman is organizing and coordinating the work of members of the Management Board. Within the competence of the SNT Board is the convening of meetings of the partnership.

The board carries out operational management of the activities of the non-profit association and can plan its economic activities. It draws up cost estimates for the necessary costs, manages the assets of SNT within the limits of its powers, which are described in the Charter. The responsibilities of the Board include organizing accounting and preparing relevant community reports, as well as other issues.

The decisions and activities of the SNT Board can only be aimed at achieving the goals determined by its members. All of them must comply with the current legislation of the Russian Federation. On members of the Board And Chairman responsibility lies for its implementation and monitoring of compliance.

Rights and responsibilities of the chairman of the board of a gardening (dacha) partnership

Rights and responsibilities of the Chairman The board of SNT is dedicated. Along with this norm, the legal status of the Chairman is also determined by the Charter of the partnership.

Based on the Charter, the Chairman can act on behalf of the partnership. For this, he does not need a power of attorney from SNT. The constituent documents of the company give the Chairman the right to sign all documents related to the financial and economic activities of SNT. The competence of the Chairman of the Management Board includes concluding transactions and agreements, which may be of a different nature. The main responsibility of the Chairman is to respect the interests of the SNT, promptly resolve current problems and take care of the normal activities of the association.

Responsibility of the chairman of the board of the partnership

Activities of the Chairman of the Board of SNT not only honorable, but responsible. Causing harm to the partnership, abuse of one's powers and violation of current legislation while the Chairman is in office can lead not only to his re-election, but also to prosecution. The latter can be material, disciplinary, administrative and even criminal. The decision to choose the form of bringing the Chairman to justice is made exclusively by the court, based on the application of the members of the partnership.

Conclusion:

1. All SNT are non-profit associations of citizens.
2. They can create a partnership at least three people.
3. A prerequisite for the existence of SNT is registration.
4. The board of directors of the partnership is carried out on the basis Charter.
5. The main governing body of SNT is the meeting, which elects members of the Board and the Audit Commission, as well as the Chairman.
6. The activities of SNT are regulated Federal Law No. 66, which was adopted in 1998.

The most popular questions and answers to them regarding the extraordinary meeting of the gardening (dacha) partnership

Question: Hello, my name is Elena. SNT members annually collect funds for the needs of the partnership. The sums are rather large, but tangible deeds are not visible. How can I check how the collected funds are spent?

Answer: Hello, Elena. The Chairman of the SNT Board must report annually on the financial and economic results of his work. If this does not happen, then each member of the partnership has the right to go to court with statement of claim that he be obliged to do this in a forced form. If the activities of the Chairman turn out to be illegal and cause harm to the SNT, he can be held accountable and compensated for the damage caused to the partnership.