Documents required in St. Registration of snt, statutory documents

APPROVED

Meeting decision

Commissioners

Chairman of the Board

SNT "Friendship"

E. F. Kuznetsov

(signature)

U S T A V

(in the new edition)

HORTICULTURAL

NON-COMMERCIAL PARTNERSHIP

"FRIENDSHIP"

BASIC CONCEPTS.

For the purposes of this Charter, the following basic concepts are used: garden land - provided to a citizen or acquired by him for growing fruits, berries, vegetables, melons or other crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it ), economic buildings and structures.

Horticultural non-profit partnership - a non-profit organization established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening (hereinafter referred to as the Partnership).

Entrance fees - funds contributed by members of a horticultural non-profit partnership for organizational expenses in the preparation of documentation.

Membership fees - funds periodically contributed by members of a horticultural non-profit partnership for the remuneration of employees who have concluded labor contracts with such an association and other current expenses of such an association.

Target contributions - funds contributed by members of a horticultural non-profit partnership for the acquisition (creation) of public facilities.

Additional contributions - funds contributed by members of a horticultural non-profit partnership to cover losses incurred during the implementation of measures approved by the general meeting of members of the Partnership.

1. GENERAL PROVISIONS.

1.1. Citizens, in order to exercise their rights to receive garden land plots, own, use and dispose of these land plots, as well as in order to meet the needs associated with the implementation of such rights, created the Druzhba horticultural non-profit partnership (registered by the decision of the executive committee of the Taldom District Council of People's Deputies of the Moscow Region dated March 10, 1981).

1.2. Horticultural non-profit partnership "Druzhba" (hereinafter referred to as the Partnership) is a non-profit organization and was established on a plot of land with a total area of ​​88.5 hectares, transferred to the Partnership by Decree of the Head of the Administration of the Taldomsky District of the Moscow Region No. 1536/3 dated 10/25/1998. A plot of land consists of common lands and lands owned, owned or used by members of the Partnership.

1.3. The partnership is considered established and acquires the right of a legal entity from the moment of its state registration. In its activities, the Partnership is guided by the Constitution of the Russian Federation, civil, land, urban planning, administrative, criminal and other legislation of the Russian Federation.

Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" dated April 15, 1998, and other regulatory, legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them and regulatory legal acts of local authorities self-government.

1.4. The Partnership owns separate property, income and expenditure estimates, a seal with the full name of the Partnership. The partnership has the right to open bank accounts in the Russian Federation in accordance with the established procedure, to have stamps and letterheads with its name, as well as an emblem registered in accordance with the established procedure.

1.5. The Partnership maintains accounting and reporting in accordance with the legislation of the Russian Federation.

1.6. Common property acquired or created at the expense of earmarked contributions is the joint property of the members of the Partnership.

Common property acquired or created at the expense of funds from a special fund formed by decision of the general meeting from entrance and membership fees, income from business activities, as well as funds provided to the Partnership in accordance with Articles 35, 36 and 38 of the Federal Law, other receipts, is the property of the partnership as a legal entity. The funds of the special fund are spent for the purposes corresponding to the tasks provided for by this charter.

1.7. Members of the Partnership are not liable for the obligations of the Partnership, and the Partnership is not liable for the obligations of its members.

1.8. The partnership has the right to carry out entrepreneurial activities corresponding to the goals for which it was created.

1.9. Location and postal address of the Partnership: Russian Federation, Moscow region, Taldom district, south of the village of Panovka.

2. POWERS OF THE PARTNERSHIP.

2.1. The partnership has the right:

Carry out actions necessary to achieve the goals provided for by the Federal Law and this Charter;

Responsible for their obligations with their property;

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

Attract borrowed funds;

conclude contracts;

Act as a plaintiff and defendant in court;

Apply to the court, arbitration court with applications for invalidation (in whole or in part) of acts of state authorities, acts of local governments or violation of the rights and legitimate interests of the horticultural association by officials;

Create associations (unions) of horticultural associations;

Create mutual lending funds, rental funds, other funds in the manner prescribed by the Civil Code of the Russian Federation;

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

3. MEMBERSHIP IN THE PARTNERSHIP.

3.1. Members of the Partnership may be citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of the Partnership.

3.2. Members of the Partnership may be, in accordance with civil law, the heirs of the members of the Partnership, including minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of donations or other transactions with land plots.

3.3. Foreign citizens and stateless persons can become members of the Partnership if land plots are provided to them on the right of lease or fixed-term use.

3.4. The founders of the Partnership are considered accepted as members of the partnership from the moment of its state registration. Other persons joining the Partnership are accepted as members by the general meeting (meeting of authorized persons).

3.5. Persons joining the Partnership pay entrance fees in the amount established by the general meeting of the Partnership (meeting of authorized persons).

3.6. Within three months from the date of admission to its members, the Board of the Partnership is obliged to issue a membership book or other document replacing it to each member of the Partnership.

4. GARDENING INDIVIDUALLY.

4.1. Citizens have the right to conduct gardening on an individual basis.

4.2. Citizens engaged in gardening individually on the territory of the Partnership have the right to use infrastructure facilities and other common property of the Partnership for a fee on the terms of contracts concluded in writing in the manner determined by the general meeting of the Partnership (meeting of authorized persons).

In the event of non-payment of the fees established by the agreements for the use of infrastructure facilities and other common property of the Partnership, on the basis of a decision of the board, citizens engaged in gardening on an individual basis are deprived of the right to use

infrastructure facilities and other common property of the Partnership. Non-payments for the use of infrastructure facilities and other common property of the Partnership are recovered in court.

Citizens engaged in gardening individually on the territory of the Partnership may appeal in court the decision of the Board of the Partnership to refuse to conclude agreements on the use of infrastructure facilities and other common property of the Partnership.

The amount of payment for the use of infrastructure facilities and other common property of the Partnership for citizens engaged in gardening on an individual basis, provided that they make contributions for the acquisition (creation) of the said property, cannot exceed the amount of payment for the use of the said property for members of the Partnership.

5. RIGHTS AND OBLIGATIONS OF THE MEMBERS OF THE PARTNERSHIP.

5.1. Members of the Partnership have the right:

Elect and be elected to the management bodies of the Partnership and its control body;

Receive information about the activities of the management bodies of the Partnership and its control body;

Manage independently on their land in accordance with its permitted use;

To carry out in accordance with urban planning, construction, environmental, sanitary and hygienic, fire prevention and other established requirements (norms, rules and regulations) the construction and restructuring of a residential building, utility buildings and structures on a garden plot;

Dispose of their land and other property in cases where they are not withdrawn from circulation or are not limited in circulation on the basis of the law;

When alienating a garden land plot, simultaneously alienate to the acquirer a share of the common use property in the Partnership in the amount of earmarked contributions;

Upon liquidation of the Partnership, receive the due share of the common property;

Apply to the court to invalidate the decisions of the general meeting of the Partnership (meeting of authorized persons), as well as decisions of the board and other bodies that violate his rights and legitimate interests;

Voluntarily withdraw from the Partnership with the simultaneous conclusion of an agreement with the Partnership on the procedure for the use and operation of engineering networks, roads and other common property;

Carry out other actions not prohibited by law.

5.2. Members of the Association are obliged:

Annually and timely pay membership and other fees provided for by this Charter and the Federal Law, taxes and payments;

Timely pay for the consumed electricity;

Pay penalties, fines in the amounts established by the general meeting (meeting of authorized persons);

Within three years to develop the land;

Bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;

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

To have and maintain in proper condition along the roads and glades drainage ditches along the entire length of the occupied areas;

Install fences of the land plot strictly within the occupied area;

Do not violate the rights of members of the Partnership;

Comply with agrotechnical requirements, established regimes, restrictions, encumbrances and easements;

Comply with urban planning, construction, environmental, sanitary and hygienic, fire and other requirements (norms, rules and regulations), not cause damage to the owners of other sites;

Comply with the norms of the General Development Plan of the Partnership;

Do not clutter roads and clearings with building materials, garbage, do not plant fruit trees, shrubs, and other plantings on clearings;

Do not litter the territories adjacent to the Partnership, forests, reservoirs with waste;

Maintain clearings in proper condition, free for passage and passage, including for the passage of special vehicles and private cars, on their own and at their own expense;

Participate in events, work performed collectively on the basis of a decision of the general meeting of the Partnership (meeting of authorized persons) or on the basis of a decision of the board;

Participate in meetings of the Association;

Comply with other requirements established by laws and this Charter.

5.3. A member of the Partnership may be expelled from the Partnership by decision of the general meeting (meeting of authorized persons) in the following cases:

Not developing the land plot within 3 years;

The use of land for other purposes;

Non-payment of land tax within 2 years and non-payment of debt during the next year;

Non-payment of membership and target fees for 2 years;

Violations of internal regulations;

Failure to comply with measures to protect the environment, the rules of agricultural technology;

Unauthorized seizure of land;

Refusal or evasion of participation in work performed collectively on the basis of a decision of the general meeting of the Partnership (meeting of authorized persons), or on the basis of a decision of the board of the Partnership;

Transfer of ownership of a land plot in accordance with the legislation of the Russian Federation.

5.4. The decision of the general meeting of the Partnership (meeting of authorized persons) on expulsion from the members of the Partnership is issued to the gardener within a week, with notification of the possibility of appealing the decision in court.

6. MANAGEMENT BODIES OF THE PARTNERSHIP.

6.1. Management bodies of the Partnership.

6.1.1. The governing bodies of the Partnership are:

General meeting of its members (meeting of authorized persons);

Governing body;

Chairman of the board.

The supreme governing body of the Partnership is the General Meeting of the Partnership.

6.1.2. The partnership has the right to hold a general meeting in the form of a meeting of authorized representatives.

Authorized Partnerships are elected from among the members of the Partnership or members of their families and cannot transfer the exercise of their powers to other persons, including members of the Partnership.

Authorized Partnerships are elected at the meeting of the clearing, one authorized representative from each seven members of the Partnership for a period of two years. Commissioners are elected by open vote. Early re-election of authorized representatives is possible, with their subsequent approval at a clearing meeting.

6.2. Competence of the general meeting (meeting of authorized persons) of the Partnership.

6.2.1. The exclusive competence of the general meeting of the Partnership (meeting of authorized persons) includes the following issues:

Amendments to the Articles of Association and additions to the Articles of Association or approval of the Articles of Association in a new edition;

Establishment of the size of entrance fees, annual membership fees, targeted, additional fees, the procedure for their payment;

Admission to the Partnership and exclusion from its members;

Determination of the quantitative composition of the board, election of members of its board and early termination of their powers;

Election of members of the audit commission and early termination of their powers;

Election of members of the commission for monitoring compliance with the law and early termination of their powers;

Creation of other commissions, including permanent commissions, to control payment and consumption of electricity, and land disputes. Election of their members and early termination of their powers;

Making decisions on the organization of representative offices, a mutual lending fund, a rental fund, on its entry into associations (unions) of horticultural associations;

Approval of internal regulations, including the conduct of the general meeting (meeting of authorized persons), the activities of its board, the work of the audit commission, the work of the commission for monitoring compliance with the law. Organization and activities of its representative offices, organization and activities of the mutual lending fund, organization and activities of the rental fund, internal regulations;

Making decisions on reorganization or liquidation, appointment of a liquidation commission, as well as approval of interim and final liquidation balance sheets;

Making decisions on the formation and use of property, on the creation and development of infrastructure facilities, as well as establishing the size of trust funds and related contributions;

Establishing the amount of penalties for late payment of contributions, other payments and the procedure for their payment;

Establishing the amount and procedure for paying fines;

Approval of income and expenditure estimates and making decisions on its implementation;

Consideration of complaints against decisions and actions of members of the board, the chairman of the board, members of the audit commission, members of the commission for monitoring compliance with the law, officials of the mutual lending fund and officials of the rental fund;

Approval of the reports of the board, audit commission, commission

monitoring compliance with legislation, mutual lending fund, rental fund;

Encouragement of members of the board, the audit commission, the commission for monitoring compliance with the law, the mutual lending fund, the rental fund and members of the Partnership;

Alienation, pledge, leasing of land plots, property that is in common ownership of the Partnership.

The General Meeting (meeting of authorized persons) has the right to consider any issues of the Partnership's activities and make decisions on them.

6.2.2. The General Meeting (meeting of authorized persons) is convened by the Board of the Partnership as necessary, but at least once a year. An extraordinary general meeting (meeting of authorized persons) is held by decision of its board and at the request of the audit commission of the Partnership, as well as at the suggestion of local governments or at least one fifth of the total number of members of the Partnership.

The Board of the Partnership is obliged, within seven days from the date of receipt of the proposal from the local government or not less than one-fifth of the total number of members of the Partnership, or at the request of the Audit Commission, to hold an extraordinary general meeting (meeting of authorized persons), to consider these proposals or requirements and accept decision to hold an extraordinary general meeting (meeting of authorized persons) or to refuse to hold it.

The Management Board may refuse to conduct an extraordinary general meeting (meeting of authorized persons) if the procedure established by the charter for submitting a proposal or making a request to convene an extraordinary general meeting (meeting of authorized persons) is not observed.

If the board decides to hold an extraordinary general meeting (meeting of authorized persons), the specified general meeting (meeting of authorized persons) must be held no later than thirty days from the date of receipt, proposal or request to hold it.

If the board has decided to refuse to hold an extraordinary general meeting (meeting of authorized persons), it informs in writing the audit commission or members of the Partnership, or the local government requiring

holding an extraordinary general meeting (meeting of authorized persons) on the reasons for refusal.

The refusal of the board to satisfy the proposal or demand to hold an extraordinary general meeting (meeting of authorized persons) of the audit commission, members of the Partnership, local government may appeal in court.

Notification of the members of the Partnership about the holding of a general meeting (meeting of authorized persons) can be carried out in writing (postcards, letters), through appropriate messages in the media, as well as by posting relevant announcements on information boards located on the territory of the Partnership.

Notification of members about holding a general meeting (meeting of authorized persons) shall be sent no later than two weeks before the date of its holding. The notice of holding a general meeting (meeting of authorized persons) must indicate the content of the issues submitted for discussion.

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

The chairman of the general meeting (meeting of authorized persons) is elected by a simple majority of votes of those present at the meeting.

Decisions on amendments to the Charter of the Partnership and additions to the Charter, on approval of the Charter in a new edition, exclusion from the members of the Partnership, on liquidation and (or) reorganization, on the appointment of a liquidation commission and on the approval of interim and final liquidation balance sheets, are taken by the general meeting of members Partnerships (by a meeting of authorized persons) by a two-thirds majority.

Other decisions of the general meeting of members of the Partnership (meeting of authorized persons) are taken by a simple majority of votes.

Decisions of the general meeting of members of the Partnership (meeting of authorized persons) are brought to the attention of its members within seven days

after the date of adoption of these decisions in the manner prescribed by the charter of such an association.

A member of the Partnership has the right to appeal in court the decision of the general meeting of its members (meeting of authorized persons) or the decision of the governing body of the Partnership that violate the rights and legitimate interests of a member of the Partnership.

6.2.3. If necessary, the decision of the general meeting of the Partnership (meeting of authorized persons) may be taken by absentee voting (by poll).

The procedure and conditions for conducting absentee voting are established by this Articles of Association of the Partnership and the internal regulations on conducting absentee voting. Which should provide for the text of the ballot for absentee voting, the procedure for informing members of the Partnership of the proposed agenda, familiarizing themselves with the necessary information and documents, making proposals for the inclusion of additional issues on the agenda, as well as indicating a specific deadline for the end of the absentee voting procedure.

The general meeting of the Partnership (meeting of authorized persons) cannot be held in absentia if the agenda includes the approval of the income and expenditure estimates, reports of the board and the audit commission of the Partnership.

6.3. Association Board.

6.3.1. The Board of the Partnership is a collegial executive body and is accountable to the general meeting of members of the Partnership (meeting of authorized persons).

In its activities, the Board is guided by this Charter, the Federal Law, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, and the regulatory legal acts of local governments.

The number of members of the board is established by the general meeting (meeting of authorized persons), but not less than 5 (five) people.

The issue of early re-election of members of the Board may be raised at the request of at least one third of the members of the Partnership.

6.3.2. Meetings of the Management Board are convened by the Chairman of the Management Board within the time limits set by the Management Board, as well as when necessary.

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

Decisions of the Board are binding on all members of the Partnership and its employees who have concluded labor contracts with the Partnership.

6.3.3. The competence of the board includes:

Practical implementation of decisions of the general meeting of members of such a Partnership (meeting of authorized persons);

Making a decision to hold an extraordinary general meeting of the Partnership (a meeting of authorized persons) or to refuse to hold it;

Operational management of the current activities of the Partnership;

Drawing up income and expenditure estimates and reports, submitting them for approval by the general meeting of members of the Partnership (meeting of authorized persons);

Disposal of tangible and intangible assets of the Partnership to the extent necessary to ensure its current activities;

Organizational and technical support for the activities of the general meeting of members of the Partnership (meeting of authorized persons);

Organization of accounting and reporting of the Partnership, preparation of the annual report and its submission for approval by the general meeting of members of the Partnership (meeting of authorized persons);

Organization of the protection of the property of the Partnership and the property of its members;

Organization of property insurance of the Partnership and property of its members;

Organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;

Rendering assistance to the members of the Partnership in carrying out activities for the improvement of glades;

Purchase and delivery of planting material, garden tools, fertilizers, pesticides;

Ensuring the office work of the Partnership and the maintenance of its archive;

Employment in the Partnership of persons under employment contracts, their dismissal, encouragement and imposition of penalties on them, keeping records of employees;

Control over the timely payment of entrance, membership, target, additional fees, payment for electricity, other established payments and contributions;

Imposition of fines and their collection;

Collection of debts and fines on payments and contributions;

Making transactions on behalf of the Partnership;

Assistance to members of the Partnership in the gratuitous transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;

Implementation of foreign economic activity of the Partnership;

Compliance by the Partnership and its members with the legislation of the Russian Federation and this Charter;

Consideration of applications of members of the Partnership.

The Management Board of the Partnership, in accordance with the legislation of the Russian Federation and this Charter, has the right to make decisions necessary to achieve the goals of the Partnership and ensure its normal operation, with the exception of decisions that relate to issues referred by this Charter and the Federal Law to the competence of the general meeting of its members (meetings authorized).

6.4. Chairman of the Board of the Association.

6.4.1. The Board of the Partnership is headed by the Chairman of the Board, elected by the Board from among the members of the Board for a period of two years.

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

6.4.2. The Chairman of the Board of the Partnership acts without a power of attorney on behalf of the Partnership, including:

Presides over board meetings;

Has the right of the first signature under financial documents;

Signs other documents on behalf of the Partnership and minutes of the board meeting;

Concludes employment contracts, agreements, contracts, work contracts, etc.;

On the basis of the decision of the board, enters into transactions and opens accounts of the Partnership in banks;

Issues powers of attorney, including those with the right of substitution;

Ensures the development and submission for approval of the general meeting of members of the Partnership (meeting of authorized persons) of the internal regulations of the Partnership, the regulations on remuneration, the work of commissions, other provisions and rules of the internal regulations of the Partnership;

Carries out representation on behalf of the Partnership in state authorities, local governments, as well as in organizations;

Considers applications from members of such an association.

The Chairman of the Board, in accordance with the Charter of the Partnership, performs other duties necessary to ensure the normal operation of the Partnership, with the exception of the duties assigned by this Charter and the Federal Law to other management bodies of the Partnership.

7. RESPONSIBILITY OF THE CHAIRMAN AND MEMBERS OF THE BOARD.

7.1. The chairman of the board and members of the board, in exercising their rights and performing the established duties, must act in the interests of the Partnership, exercise their rights and perform the established duties conscientiously and reasonably.

7.2. The Chairman of the Board and members of the Board shall be liable to the Partnership for losses caused to the Partnership by their actions (inaction). At the same time, the members of the management board who voted against the decision, which entailed the infliction of losses on such a merger, or who did not take part in the voting, are not liable.

The Chairman of the Board and its members, in case of revealing financial abuses or violations, causing losses to the Partnership, may be subject to disciplinary, material, administrative or criminal liability, in accordance with the law.

8. CONTROL OF FINANCIAL AND ECONOMIC ACTIVITIES

8.1. Control over the financial and economic activities of the Partnership, including the activities of its chairman, members of the board and the board, is carried out by the audit commission elected from among the members of the Partnership by the general meeting (meeting of authorized persons) consisting of at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission.

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

The Audit Commission is accountable to the general meeting (meeting of authorized persons). Re-elections of the audit commission may be held ahead of schedule, at the request of at least one quarter of the total number of members of the Partnership.

8.2. Members of the Audit Commission of the Partnership shall be liable for improper performance of the duties stipulated by this Charter and the Federal Law.

8.3. The Audit Commission is obliged to:

Check the implementation by the board and the chairman of the board of decisions of general meetings (meetings of authorized persons), the legality of civil law transactions made by the board, regulatory legal acts regulating the activities of the Partnership, the state of its property;

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

Report to the general meeting (meeting of authorized persons) on the results of the audit, with the presentation of recommendations to eliminate the identified violations;

Report to the general meeting (meeting of authorized persons) on all detected violations in the activities of the management bodies of the Partnership;

To control the timely consideration of applications of members of the Partnership by the board and the chairman of the board.

8.4. According to the results of the audit, when creating a threat to the interests of the Partnership and its members, or if abuses of the members of the board and the chairman of the board are revealed, the audit commission, within its powers, has the right to convene an extraordinary general meeting of the members of the Partnership (meeting of authorized persons).

9. PUBLIC CONTROL OF COMPLIANCE WITH THE LEGISLATION.

9.1. In order to prevent and eliminate pollution of surface and groundwater, soil and atmospheric air with household waste and sewage, to comply with sanitary and other rules for the maintenance of public lands, garden, garden and summer cottages and adjacent territories. Ensuring compliance with fire safety rules during the operation of furnaces, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history and culture, public control over compliance with the law in the Partnership is carried out by the commission for monitoring compliance with the law.

9.2. The Commission for the Control of Compliance with Legislation provides advisory assistance to members of the Partnership, ensures the implementation

gardeners of land, environmental, forest, water legislation. Legislation on urban planning, on the sanitary and epidemiological welfare of the population, on fire safety. Draws up acts on violations of the law and submits these acts, for taking measures, to the Board of the Partnership, which has the right to submit them to state bodies exercising control over compliance with the law.

10. BUSINESS MANAGEMENT.

10.1. The minutes of general meetings (meetings of authorized persons) are signed by the chairman and secretary of such a meeting. These protocols are certified by the seal of the Partnership and are permanently stored in its files.

10.2. The minutes of the meetings of the Board and the Audit Commission, the Commission for the Control of Compliance with the Law and other commissions are signed by the Chairman of the Board or the Chairman of the Audit Commission and the Chairman of other commissions, respectively. These protocols are certified by the seal of the Partnership and are permanently stored in its files.

10.3. Copies of the minutes of general meetings (meetings of authorized persons), meetings of the board, the audit commission, the commission for monitoring compliance with the law and other commissions, certified extracts from these minutes are submitted for familiarization to the members of the Partnership at their request. And also to local governments, state authorities, judicial and law enforcement agencies, organizations in accordance with their requests in writing.

11. TRANSACTIONS WITH LAND PLOTS AND THE RIGHTS OF MEMBERS OF THE PARTNERSHIP TO DISPOSAL LAND PLOTS.

11.1. Owners of land plots have the right to sell, donate, pledge, rent, use for a limited time, exchange, conclude a lease agreement or a life maintenance agreement with a dependent, as well as voluntarily abandon these plots.

Land plots owned by citizens are inherited by law or by will.

Land plots that are jointly owned by the spouses may be divided between them.

The land plots of the General Use Partnership are not subject to division.

11.2. When making transactions with garden land, changing their intended purpose and permitted use is not allowed.

11.3. Transactions with garden land plots are regulated by this Charter, the Federal Law, as well as civil and land legislation, taking into account the specifics established by the legislation on subsoil, environmental protection, urban planning, water, forestry and other legislation.

11.4. Transactions with garden land plots are not allowed if such transactions lead to violations of urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations) or to the inability to comply with the intended purpose of these land plots and the conditions for their permitted use .

11.5. Alienation, pledge, lease of a land plot that is in common ownership of the Partnership is carried out with the consent of all members of the Partnership.

12. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY OF THE PARTNERSHIP.

12.1. The development of projects for the organization and development of the territory of the Partnership is carried out in accordance with the established land and town planning legislation, the rules for land use and development, the system of state urban planning norms and rules, the rules for electrical installations (PUE) in accordance with the project for the organization and development of the territory of the Partnership.

12.2. Control over compliance with the requirements for the construction of buildings and structures in the Partnership is carried out by the board, as well as inspectors of state bodies exercising control over compliance with the law, local governments.

12.3. The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the Partnership and its members independently, in accordance with the project for the organization and development of the territory.

12.4. The minimum distances to the borders of a neighboring garden plot according to sanitary conditions should be:

From the garden house - 3 meters;

From the building for keeping small livestock and poultry - 4 meters;

From other buildings - 1 meter;

From the trunks of tall trees - 4 meters;

From the trunks of medium-sized trees - 2 meters;

From the bush - 1 meter.

The minimum distances between buildings for sanitary conditions should be:

From the garden house and cellar to the restroom - 12 meters;

From the garden house to the shower, bath, sauna - 8 meters;

From the well to the restroom and compost device - 8 meters;

From the well to the building for keeping small livestock and poultry, showers, baths, saunas - 12 meters;

From the cellar to the composting device and buildings for keeping small livestock and poultry - 7 meters.

The specified distances must be observed, both between buildings on the same site, and between buildings located on adjacent sites.

It is forbidden to arrange latrines and compost pits on the garden plot.

12.5. The erection by citizens on land plots of buildings and structures that exceed the established dimensions for these buildings and structures is allowed after the approval by the local government of the projects for the construction of these buildings and structures in the manner prescribed by urban planning legislation.

12.6. Violation of the requirements of the project for the organization and development of the territory of the Partnership is the basis for bringing the Partnership, as well as its members who committed the violation, to liability in accordance with this Charter, the Federal Law and other legislative acts.

13. PROTECTION OF THE RIGHTS OF THE PARTNERSHIP AND ITS MEMBERS.

13.1. The following rights of members of the Partnership are subject to protection in accordance with civil law:

The right of ownership, including the right to sell land plots and other property, and other property rights;

Rights associated with joining the Partnership, participation in it and exit from it;

Others provided for by this Charter, the Federal Law and other legislative acts.

13.2. The rights of the Partnership to own, use and dispose of land plots for common use, other property of the Partnership, and other rights provided for by this Charter by the Federal Laws are subject to protection.

13.3. Protection of the rights of the Partnership and its members in accordance with criminal, administrative, civil and land legislation is carried out through:

recognition of their rights;

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

Recognition of the disputed transaction as invalid and application of the consequences of its invalidity, as well as application of the consequences of the invalidity of a void transaction;

Recognition of an act of a state authority or an act of a local self-government body as invalid;

Self-defense of their rights;

Compensation for their losses;

Other ways prescribed by law.

15. LIABILITY OF MEMBERS OF THE PARTNERSHIP FOR VIOLATIONS OF THE LEGISLATION.

15.1. A member of the Partnership may be subject to an administrative penalty in the form of a warning or a fine for violation of land, forestry, water, town planning legislation, legislation on sanitary and epidemiological welfare of the population or

legislation on fire safety, committed within the boundaries of the Partnership, in the manner prescribed by the legislation on administrative offenses.

15.2. A member of the Partnership may be deprived of the right to lease a land plot for intentional or systematic violations provided for by land legislation.

16. COMPENSATION FOR DAMAGES CAUSED TO THE PARTNERSHIP OR ITS MEMBERS.

Losses caused to the Partnership or its members as a result of illegal actions (inaction) of state authorities, local governments or their officials, including the issuance of an act of a state authority or an act of a local government that does not comply with the law or other regulatory legal act, will lie compensation in the manner prescribed by civil law.

17. REORGANIZATION AND LIQUIDATION OF THE PARTNERSHIP.

17.1. Reorganization of the Association.

17.1.1. The reorganization of the Partnership (merger, accession, division, spin-off, change of organizational and legal form) is carried out in accordance with the decision of the general meeting of the Partnership (meeting of authorized persons) on the basis of the Civil Code of the Russian Federation, this Charter, the Federal Law and other legislative acts.

17.1.2. When reorganizing, appropriate changes are made to its Charter or a new Charter is adopted.

17.1.3. When the Partnership is reorganized, the rights and obligations of its members are transferred to the successor, in accordance with the deed of transfer or separation balance sheet. They must contain provisions on the succession of all obligations of the reorganized Partnership to its creditors and debtors.

17.1.4. The deed of transfer or separation balance sheet of the Partnership is approved by the general meeting (meeting of authorized persons) and submitted together with the constituent documents for state registration, newly emerged legal entities or for making

amendments to the Charter of the Partnership.

17.1.5. Members of the reorganized Partnership become members of newly created non-profit associations.

17.1.6. If the dividing balance sheet of the Partnership does not make it possible to determine its legal successor, newly emerged legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized Partnership to its creditors.

17.1.7. The partnership is considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.

17.1.8. When state registration of the Partnership in the form of accession to it by another non-profit association, the first of them is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated association.

17.1.9. State registration of newly created as a result of the reorganization of non-profit associations and making entries in the unified state register of legal entities on the termination of the activities of reorganized non-profit associations is carried out in the manner established by the law on state registration of legal entities.

17.2. Liquidation of the Partnership.

17.2.1. The liquidation of the Partnership is carried out in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

17.2.2. The demand for the liquidation of the Partnership may be brought to court by a state authority or a local self-government body, which is granted by law the right to make such a demand.

17.2.3. Upon liquidation of the Partnership as a legal entity, the rights of its former members to land plots and other real estate shall be preserved.

17.3. The procedure for the liquidation of the Partnership.

17.3.1. The partnership may be liquidated on the basis and in the manner prescribed by the Civil Code of the Russian Federation, the Federal Law, as well as other federal laws.

17.3.2. The general meeting of the Partnership (meeting of authorized persons) or the body that made the decision to liquidate it shall appoint a liquidation commission and determine, in accordance with the Civil Code of the Russian Federation, the Federal Law and this Charter, the procedure and terms for the liquidation of such an association.

17.3.3. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the liquidated Partnership are transferred to it. The liquidation commission on behalf of the Partnership acts as its authorized representative in state authorities, local governments and courts.

17.3.4. The body that carries out the state registration of legal entities enters into the unified state register of legal entities information that the Partnership is in the process of liquidation.

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

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

17.3.7. At the end of the term for presenting creditors' claims against the Partnership, the liquidation commission draws up an interim liquidation balance sheet, which contains information on the availability of land and other common property of the liquidated Partnership, a list of claims submitted by creditors and the results of their consideration.

The interim liquidation balance sheet is approved by the general meeting of members of the Partnership (meeting of authorized persons) or by the body that made the decision to liquidate it.

17.3.8. After the decision to liquidate the Partnership, its members are obliged to pay off the full debt on contributions in the amount and within the time limits established by the general meeting of members of the Partnership (meeting of authorized persons).

17.3.9. The disposal of the land plot of the liquidated Partnership is carried out in accordance with the procedure established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

17.3.10. If the liquidated Partnership does not have enough funds to satisfy the claims of creditors, the creditors have the right to apply to the court with a claim to satisfy the remaining part of the claims at the expense of the property of the members of the Partnership.

17.3.11. The payment of funds to the creditors of the liquidated Partnership is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation, and in accordance with the interim liquidation balance sheet, starting from the date of its approval.

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

17.4. Property of the liquidated Partnership.

17.4.1. A land plot and immovable property jointly owned or owned by the Partnership and remaining after satisfaction of creditors' claims may be sold, with the consent of the former members of the Partnership, in the manner prescribed by the legislation of the Russian Federation. The proceeds for the specified land plot and real estate were transferred to the members of the Partnership in equal shares.

17.4.2. When determining the redemption price of the land plot and the real estate of the Partnership located on it, it includes the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property by their withdrawal. Including losses that the owner incurs in connection with the early termination of his obligations to third parties, including lost profits.

17.5. Completion of liquidation.

17.5.1. The liquidation of the Partnership is considered completed if the Partnership ceased to exist after an entry about it was made in the unified state register of legal entities, and the body that carries out state registration of legal entities informs about the liquidation of such an association in the press, which publishes data on state registration of legal entities.

17.5.2. Documents and accounting reports of the liquidated Partnership are transferred for storage to the state archive, which is obliged in the case of a liquidated Partnership and its creditors, as well as to issue, at their request, the necessary copies, extracts and certificates.

18. STATE REGISTRATION OF CHANGES IN FOUNDING DOCUMENTS.

18.1. State registration of amendments to the constituent documents of the Partnership is carried out in accordance with the procedure established by the law on state registration of legal entities.

"CERTIFIED"

Zelenina N. V., notary

Taldom, Moscow region

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


Chapter I. General Provisions
Article 1. Basic concepts

For the purposes of this Federal Law, the following basic concepts are used:

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

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

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

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

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

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

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

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

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

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

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

1. This Federal Law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of horticulture, horticulture and dacha farming by citizens, and establishes the legal status of horticultural, horticultural and dacha non-profit associations, the procedure for their creation, activity, reorganization and liquidation, the rights and obligations of their members.

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

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

Article 3

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

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

Article 4

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

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

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

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

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

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

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

Article 5

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

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

Article 6

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

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

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

Article 7

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

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

Responsible for their obligations with their property;

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

Attract borrowed funds;

conclude contracts;

Act as a plaintiff and defendant in court;

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

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

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

Article 8

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

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

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

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

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

Article 9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 10

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

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

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

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

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

Article 11. Mutual lending funds and rental funds

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

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

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

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

Information about the amount of the founder's contribution;

Information about the objects of lending;

The order of priority for granting a loan;

Rules for conducting cash transactions;

List of officials authorized to conduct cash transactions;

The procedure for monitoring compliance with cash discipline and responsibility for its violation;

The procedure for auditing the mutual lending fund;

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

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

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

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

Information about the amount of the founder's target contribution;

List of means of production purchased for the rental fund;

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

List of officials responsible for organizing the work of the rental fund.

Chapter III. Zoning of the territory and provision of garden, garden and summer cottage land plots

Article 12

1. When zoning the territory, zones are determined that are most favorable for the development of horticulture, horticulture and dacha farming based on natural and economic conditions, as well as on the basis of the costs of developing inter-settlement social and engineering and transport infrastructures and in which the establishment of minimum restrictions on the use of land plots.

2. The zoning schemes for the placement of horticultural, horticultural and dacha non-profit associations must contain information about the location, area and intended purpose of land plots, the permitted use of land plots, as well as information about the rights on which land plots in a particular zone can be provided to citizens .

This scheme serves as the basis for determining the volume of construction of access roads, power supply facilities, communications, as well as for the development of public transport, trade, medical and consumer services.

3. The customers of the zoning schemes for the placement of horticultural, horticultural and dacha non-profit associations are local governments. The procedure for financing the development of these schemes is determined by local governments.

Article 13

1. Providing citizens with garden, garden and summer cottages is the responsibility of local self-government bodies at the place of residence of citizens.

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

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

Lists of citizens who have submitted an application for the provision of a garden, garden or summer cottage land plot, and changes in these lists are approved by the local self-government body and brought to the attention of interested citizens.

3. Has expired.

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

5. Has expired.

Article 14

1. The local government body at the place of residence of the applicants, in accordance with the need for land plots and taking into account the wishes of citizens, petitions the local government body in charge of the land redistribution fund for the selection (preliminary approval) of the relevant land plots.

2. The body in charge of the land redistribution fund, taking into account the zoning schemes of territories for the placement of horticultural, horticultural and summer non-profit associations, proposes options for the provision of land plots or gives a conclusion on the impossibility of allocating land plots.

3. On the basis of the chosen option for the placement of land plots and their size, the local government, taking into account the wishes of citizens and with their consent, forms the personal composition of members of a horticultural, horticultural or dacha non-profit association.

4. After the state registration of a horticultural, horticultural or dacha non-profit association, a land plot is provided free of charge to such an association in accordance with land legislation. After the approval of the project for the organization and development of the territory of such an association and the adoption of this project in kind, members of a horticultural, horticultural or dacha non-profit association are provided with land plots in their ownership. When transferring for a fee, a land plot is initially provided to the joint ownership of the members of such an association, followed by the provision of land plots to the ownership of each member of a horticultural, horticultural or dacha non-profit association.

Land plots related to common use property are provided to a horticultural, horticultural or dacha non-profit association as a legal entity in ownership.

The general meeting of members of a horticultural non-profit association has the right to decide on assigning to such an association as a legal entity all the land plots granted to it.

5. Horticultural, horticultural and dacha non-profit associations, formed in accordance with departmental affiliation or other principles, are provided with land plots in the manner prescribed by paragraph 4 of this article.

6. Has expired.

Article 15

1. On the territory of the municipality, in accordance with the legislation, zones may be allocated in which garden, garden and dacha land plots are not provided or the rights to use them are limited (specially protected natural territories, territories with registered deposits of minerals, especially valuable agricultural lands, reserve territories for the development of urban and other settlements, territories with developed karst, landslide, mudflow and other natural processes that pose a threat to the life or health of citizens, a threat to the safety of their property).

2. Has expired.

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

Article 16

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

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

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

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

Organizational and legal form;

Name and location;

The subject and goals of the activity;

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

The rights and obligations of such an association;

Rights, duties and responsibilities of members of such an association;

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

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

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

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

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

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

The procedure for changing the charter of such an association;

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

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

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

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

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

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

Article 17

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

Article 18

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

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

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

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

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

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

Article 19

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

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

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

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

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

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

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

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

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

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

10) carry out other actions not prohibited by law.

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

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

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

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

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

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

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

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

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

9) participate in events held by such an association;

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

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

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

Chapter V

Article 20

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

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

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

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

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

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

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

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

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

Article 21

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. The general meeting of members of a horticultural, horticultural or dacha non-profit association (a meeting of authorized persons) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized persons) is held by decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the suggestion of a local self-government body or at least one fifth of the total number of members of such an association.

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

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

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

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

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

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

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

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

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

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

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

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

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

A general meeting of members of a horticultural, horticultural or dacha non-profit association cannot be held in absentia if the agenda includes the approval of income and expenditure estimates, reports of the board and the audit commission (auditor) of such an association.

Article 22

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

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

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

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

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

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

Decisions of the board of a horticultural, horticultural or dacha non-profit association are binding on all members of such an association and its employees who have concluded labor contracts with such an association.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15) making transactions on behalf of such a combination;

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

17) implementation of foreign economic activity of such an association;

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

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

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

Article 23

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

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

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

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

1) chair the meetings of the board;

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

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

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

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

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

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

8) consider applications of members of such an association.

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

Article 24

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

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

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

Article 25

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

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

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

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

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

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

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

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

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

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

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

Article 26

1. In order to prevent and eliminate pollution of surface and ground waters, soil and atmospheric air by household waste and sewage, to comply with sanitary and other rules for the maintenance of land plots related to public property, garden, vegetable garden and summer cottage land plots and adjacent territories , ensuring compliance with fire safety rules during the operation of furnaces, electrical networks, electrical installations, fire extinguishing equipment, as well as for the protection of monuments and objects of nature, history and culture at a general meeting of members of a horticultural, horticultural or country non-profit association (a meeting of authorized persons) a commission of such an association may be elected for the control of observance of the legislation, which works under the direction of the board of such an association.

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

State bodies exercising control over compliance with the law provide advisory and practical assistance to the members of this commission and without fail consider the submitted acts on violations of the law.

3. Members of the commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with the law may, in accordance with the established procedure, be appointed public inspectors of state bodies exercising control over compliance with the law and endowed with appropriate powers.

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

Article 27

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

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

3. Copies of the minutes of general meetings of members of a horticultural, horticultural or dacha non-profit association, meetings of the board, the audit commission (auditor) of such an association, the commission of such an association for monitoring compliance with the law, certified extracts from these protocols are submitted for familiarization to the members of such an association at their request, as well as to the local self-government body on whose territory such an association is located, to state authorities of the relevant subject of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing.

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

Article 28

1. Provision of ownership of land plots to gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations that have received such land plots from lands that are state or municipal property is carried out without bidding for a fee or free of charge in cases established by federal laws , laws of subjects of the Russian Federation.

2. Land plots related to common use property are subject to transfer to the ownership of a horticultural, horticultural or dacha non-profit association free of charge.

3. Citizens who own garden, garden or dacha land plots on the basis of the right of lifetime inheritable possession or permanent (perpetual) use are entitled to register ownership of such land plots in accordance with Article 25.2 of Federal Law No. 122-FZ of July 21, 1997 "On state registration of rights to real estate and transactions with it. Decision-making on granting such land plots to the said citizens in the ownership of such land plots in this case is not required.

4. In the event that a land plot constituting the territory of a horticultural, horticultural or dacha non-profit association is provided to this non-profit association or other organization under which this non-profit association was created (organized) before the entry into force of this Federal Law, a citizen who is a member of this of a non-profit association, has the right to acquire ownership of a land plot free of charge provided to it in accordance with the project for organizing and developing the territory of this non-profit association or another document establishing the distribution of land plots in this non-profit association. The provision in the specified case of such a land plot in the ownership of this citizen is carried out by the executive body of state power or local self-government body that has the right to provide such a land plot, on the basis of an application from this citizen or his representative. The following documents are attached to this application:

Description of the location of such land, prepared by this citizen;

The conclusion of the board of this non-profit association, which indicates the citizen to whom such a land plot is assigned, and confirms that the specified description of the location of such a land plot corresponds to the location of the land plot actually used by the citizen.

In the event that none of the members of this non-profit association has previously filed an application for granting a land plot for ownership, the specified body independently requests:

Information on title documents for a land plot constituting the territory of this non-profit association, in the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It ( in other cases, the specified information is requested from the applicant);

Information about this non-profit association contained in the unified state register of legal entities, in the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) enterprises.

5. The provision of ownership of a land plot related to common use property is carried out by the executive body of state power or local government that has the right to provide such a land plot, on the basis of an application filed by a person who has the right to act without a power of attorney on behalf of a horticultural, gardening or dacha non-profit association or authorized by the general meeting of members of this non-profit association (meeting of authorized persons) to submit the said application, in accordance with the decision of the general meeting of members of this non-profit association (meeting of authorized persons) to acquire such a land plot in the ownership of this non-profit association. The following documents are attached to this application:

Description of the location of such a land plot, prepared by a horticultural, horticultural or dacha non-profit association;

Extract from the decision of the general meeting of members of a horticultural, horticultural or dacha non-profit association (meeting of authorized persons) on the acquisition of a land plot related to public property into the ownership of this non-profit association;

Constituent documents of a horticultural, gardening or dacha non-profit association (originals or notarized copies), confirming the right of the applicant to act on behalf of this non-profit association without a power of attorney, or an extract from the decision of the general meeting of members of this non-profit association (meeting of authorized persons), in accordance with which the applicant was authorized to make the said application.

Information on title documents for a land plot constituting the territory of this non-profit association is requested by the executive authority and the local government body that has the authority to provide the specified land plot to the federal executive authority authorized to state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from the applicant).

6. The executive body of state power or local self-government body, which has the right to provide the relevant land plot, within two weeks from the date of receipt of the application and necessary documents in accordance with paragraph 4 or 5 of this article, is obliged to make a decision on granting ownership of such a land plot or on refusal in its provision.

The basis for refusal to grant ownership of a land plot is the prohibition established by federal law on granting a land plot to private ownership.

Article 29

Article 30

Article 31

The turnover of garden, garden and country plots of land is regulated by civil legislation, unless otherwise provided by land legislation.

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

Article 32

1. The development of projects for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is carried out in accordance with the rules for land use and development established by land and urban planning legislation, the system of state urban planning standards and rules.

2. A horticultural, horticultural or dacha non-profit association, as a legal entity, has the right to proceed with the arrangement of a land plot allocated to it (construction of access roads, fences, land reclamation and other works) after the issuance of documents certifying the right of such an association to a land plot.

Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, garden or dacha land plots after the organization and development of the territory of such an association has been carried out and the general meeting of its members (meeting of authorized persons) approves the distribution of garden, garden or dacha land plots among members such an association.

A gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens on the basis of ownership, has the right to start using the allocated land plot without drawing up a project for the organization and development of the territory of such an association.

3. A project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association shall be drawn up on the basis of a petition from its board. Attached to this request are:

Topographic survey materials, and, if necessary, engineering geological survey materials;

Architectural and planning task;

Technical conditions for engineering support of the territory of such an association.

The project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is agreed with such an association that ordered this project, and is approved within two weeks by the local government on whose territory the land plot has been allocated.

The documents required for the coordination and approval of project documentation are:

A project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with an explanatory note;

Estimated financial calculations;

Graphic materials on a scale of 1:1000 or 1:2000, containing a master plan for the development of the territory of a horticultural, horticultural or dacha non-profit association, a drawing of transferring the specified project to the area, a diagram of engineering networks.

Copies of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government.

Information about documents certifying the right of such an association to land is requested from the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from a horticultural, horticultural or dacha non-profit association).

Article 33

1. The standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association are established by local governments in the manner prescribed by urban planning legislation, taking into account their natural, socio-demographic, national and other characteristics. The basis for this is the basic standards for the organization and development of the territory of such associations, established by the federal executive authorities and necessary to comply with environmental, land legislation, legislation on urban planning, on the sanitary and epidemiological welfare of the population, and on fire safety.

2. The main standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association in accordance with urban planning legislation are:

Number and size of access and internal roads;

Minimum distances between buildings, structures, structures and boundaries of land plots;

Type of water supply sources;

Technical characteristics of the engineering support of the territory of such an association;

List of necessary fire-fighting structures;

List of measures for environmental protection.

Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association may additionally be applied.

Article 34

1. The construction of buildings and structures in a horticultural, horticultural or dacha non-profit association is carried out in accordance with the project for the organization and development of its territory.

2. Control over compliance with the requirements for the construction of buildings and structures in a horticultural, horticultural or country non-profit association is carried out by the board of such an association, as well as the inspector of state bodies exercising control over compliance with the law, in the order of architectural supervision, the organization that developed the project for the organization and development of the territory of such an association , local governments.

3. The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the horticultural, horticultural or dacha non-profit association and its members independently in accordance with the project for the organization and development of the territory of such an association.

4. The erection by citizens on garden, garden or country plots of buildings and structures exceeding the dimensions established by the project for the organization and development of the territory of a horticultural, gardening or country non-profit association for these buildings and structures is allowed after the local government approves the projects for the construction of these buildings and structures in the manner prescribed by urban planning legislation.

5. Violation of the requirements of the project for the organization and development of the territory of a horticultural, horticultural or dacha non-profit association is the basis for bringing such an association, as well as its members who committed the violation, to liability in accordance with this Federal Law and other federal laws.

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

Article 35

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

1) to introduce to the staff of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local self-government bodies specialists on the development of personal subsidiary and summer cottages, horticulture and horticulture;

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

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

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

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

3. Local self-government bodies have the right:

Establish local tax incentives for contractors, individual entrepreneurs engaged in the construction of public facilities in horticultural, horticultural and country non-profit associations;

Introduce incentives to pay fares for gardeners, gardeners, summer residents and members of their families on suburban passenger transport to orchard, orchard or dacha plots and back.

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

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

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

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

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

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

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

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

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

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

Article 36

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

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

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

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

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

Article 37

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

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

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

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

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

Article 38

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

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

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

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

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

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

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

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

Article 39

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

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

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

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

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

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

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

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

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

Article 40

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

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

3. Upon liquidation of a horticultural, horticultural or dacha non-profit association as a legal entity, the rights of its former members to land plots and other immovable property shall be preserved.

Article 41

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

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

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

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

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

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

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

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

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

9. If the liquidated horticultural, horticultural or dacha consumer cooperative has insufficient funds to satisfy the claims of creditors, the liquidation commission has the right to propose to the general meeting of members of such a cooperative (meeting of authorized persons) to pay off the existing debt by collecting additional funds from each member of such a cooperative or to sell a part or all the common property of such a cooperative from public auction in the manner prescribed for the execution of court decisions.

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

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

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

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

Article 42

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

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

Article 43

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

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

Article 44

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

Article 45

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

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

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

Article 46

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

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

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

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

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

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

1) recognition of their rights;

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

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

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

5) self-defense of their rights;

6) compensation for their losses;

7) other methods provided by law.

Article 47

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

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

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

Article 48

1. Officials of state authorities, local self-government bodies, state and municipal institutions may be subject to administrative penalties in the form of a warning or a fine for the following violations of land legislation:

1) consideration of applications (petitions) of citizens for the provision of garden, vegetable garden or summer cottage land plots in violation of the deadlines established by law; concealment of information about the availability of free land in areas where horticultural, horticultural or dacha non-profit associations are located;

2) violation of the requirements of the approved urban planning documentation when allocating garden, vegetable garden or summer cottage land plots;

3) unlawful actions that entailed the unauthorized occupation of land within the boundaries of horticultural, horticultural or dacha non-profit associations or in the areas where horticultural, horticultural or dacha non-profit associations are located.

2. The imposition of a penalty in the form of a warning or a fine for the violations specified in paragraph 1 of this article, or for other violations of the legislation of the Russian Federation, is carried out in the manner established by the Code of the Russian Federation on Administrative Offenses.

Article 49

Officials of public authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of the duties assigned to them by law in connection with the conduct by citizens of gardening, horticulture or dacha farming, are subject, in cases that do not entail administrative or criminal liability, to disciplinary action in the form comments, reprimand, severe reprimand, dismissal in the manner prescribed by the Code of Labor Laws of the Russian Federation.

Article 50

Article 51

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

Chapter XI. Final provisions

Article 52. Entry into force of this Federal Law

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

Article 53. Transitional provisions

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

2. Horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives shall be exempt from paying the registration fee upon state registration of changes in their legal status in connection with their reorganization and bringing their charters in line with the norms of this Federal Law.

Article 54

From the date of entry into force of this Federal Law on the territory of the Russian Federation, the USSR Law "On Cooperation in the USSR" shall not apply (Bulletin of the Supreme Soviet of the USSR, 1988, No. 22, Article 355; Bulletin of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, N 19, article 350; 1990, N 26, article 489; 1991, N 11, article 294; N 12, article 324, 325) in the part regulating the activities of gardening associations and dacha cooperatives.

Article 55

B. Yeltsin

Moscow Kremlin

N 66-FZ Article 55. Bringing regulatory legal acts in line with this Federal Law

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

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

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

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

President of Russian Federation

B. Yeltsin

Moscow Kremlin

1. General provisions, the procedure for organizing a horticultural non-profit partnership

    Horticultural non-profit partnership "Metallurg-4" (hereinafter referred to as the Partnership) operates in accordance with the Federal Law "On horticultural, gardening and country non-profit associations of citizens" dated April 15, 1998 No. 66-FZ, civil, land, urban planning, administrative and other the legislation of the Russian Federation, as well as the regulatory acts of the city of Moscow and the Moscow region adopted in accordance with them.

    The partnership was established on a land plot of 9 hectares, in accordance with the decision of the Stupino City Council of the Moscow Region dated January 25, 1980 No. 57/3.

    The organizational and legal form of the Partnership is a horticultural non-profit partnership.

    The full name of the Partnership is Horticultural Non-Commercial Partnership "Metallurg-4".

    The abbreviated name of SNT "Metallurg-4".

    Partnership; It is considered established and acquires the rights of a legal entity from the moment of its state registration, owns separate property, income and expenditure estimates, a seal with the full name of the Partnership, an independent balance sheet, a bank account, a round seal, a stamp and other details.

    The Partnership maintains accounting and reporting in accordance with the procedure established by law.

    Location and postal address of the Partnership: Moscow region, Stupinsky district, village Shmatovo. The land plot allocated to the Partnership for collective gardening consists of public lands located in. property of the Partnership as a legal entity, and land owned by members of the Partnership or common (joint or shared) property of the Partnership and their spouses.

    At the request of the Partnership, based on the decision of the local government body, it is issued in accordance with the established procedure a document certifying its right to common lands.

    At the request of the Management Board, members of the Partnership are issued certificates certifying their ownership (property of a member of the Partnership, common joint or shared property of the spouses) to the land plots allocated to them.

2. The main tasks and goals of the Partnership.

    The Partnership was established in order to exercise the rights of its members to receive, own, use and dispose of garden land plots, to arrange and rationally use these land plots, organize gardens, grow fruits and vegetables, and also to meet the spiritual, cultural and other needs of the Partnership.

    The partnership as a non-profit organization has the right to carry out entrepreneurial activities that correspond to the goals provided for by this Charter.

    The Association organizes and conducts events for:

    • landscaping;
    • construction and repair of communications, roads, other public facilities;
    • carrying out environmental, cultural and technical works on the allotted lands:
    • control of pests and diseases of fruit and berry and vegetable crops;
    • protection of the rights and legitimate interests of the members of the Partnership, resolution of disputes between the members of the Partnership among themselves and with the governing bodies of the Partnership.
  1. The arrangement of land plots and the organization of gardens and vegetable gardens is carried out by the personal labor of the members of the Partnership or members of their families, with the exception of work that requires the involvement of specialists.

    The partnership, in accordance with civil law, has the right to:

    • carry out the actions necessary to achieve the goals provided for by the Federal Law "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens" and this Charter;
    • conclude business contracts for the performance of work, the provision of services, including may act as a customer and conclude contracts with relevant organizations for utilities (water, electricity, gas, etc.), as well as conclude other civil law contracts related to the activities partnerships;
    • attract borrowed funds;
    • be a plaintiff and a defendant in court, apply to a court and an arbitration court with applications for invalidating acts of state authorities and local self-government, as well as appeal against the actions of officials if they violate the legitimate rights and interests of the Partnership;
    • be liable for their obligations with their property.

3. Membership in a partnership. The procedure for admission to the membership of the partnership.

  1. Members. Partnerships may be citizens who have reached the age of 18 and have land plots within the boundaries of the Partnership.

    Members of the Partnership may be, in accordance with civil law, the heirs of the members of the Partnership, including minor and minor heirs, as well as persons to whom the rights to land plots have been transferred as a result of donations or other transactions with land plots.

    The founders of the Partnership are considered accepted as members of the Partnership from the moment of its state registration. Other persons joining the Partnership are accepted as members by the General Meeting of the members of the Partnership.

    The Board of the Partnership within 3 months from the date of registration of the Partnership issues a membership book to each member of the Partnership, in which data on the site allocated to him and other necessary information are entered.

    The family members of a member of the Partnership, as well as persons of preferential categories in accordance with the law, have the preferential right to join the Partnership.

4. Rights and obligations of members of the Partnership. The order of withdrawal (exclusion) from the members of the Partnership.

    A member of the Partnership has the right:

    1. elect and be elected to the management bodies of the Partnership;

      receive information about the activities of the governing bodies and the audit commission of the Partnership;

      select and document (personally or entrust in writing to the board) the right of ownership (common joint or common shared property of the spouses), lifelong inheritable possession or perpetual use of the land plot allocated to him up to 0.10 hectares in accordance with the Decree of the Government of Moscow dated September 17, 1996 . No. 373-RP

      manage independently on the land plot belonging to him within the limits of its permitted use;

      independently keep birds, domestic, agricultural and fur animals, bees and other objects of the animal world on their site, subject to the obligatory observance of sanitary and veterinary rules, the norms of legislation on the protection of wildlife, without violating the rules of other members of the Partnership;

      carry out on the garden plot in accordance with urban planning, construction, environmental, sanitary and hygienic, fire prevention and other established requirements (norms, rules and regulations) the construction and reconstruction of a residential building, utility buildings and structures. Upon completion of the construction of the garden house and outbuildings, take an inventory of them in the BTI of the district at the place of registration of the Partnership;

      dispose of his land plot, if it is not seized and »turned over or is not limited in circulation on the basis of the law, including selling, donating, pledging, exchanging rent, and also voluntarily abandon the said land plot;

      when alienating a garden land plot, simultaneously alienate to the acquirer a share of common-use property in the Partnership in the amount of earmarked contributions, as well as a garden house, other buildings, structures, fruit crops;

      upon liquidation of the Partnership, receive the due share of the common property;

      apply to the court to invalidate the decisions of the General Meeting, the Board and other management bodies of the Partnership that violate his legal rights;

      voluntarily leave the partnership with the simultaneous conclusion of an agreement with the Partnership on the procedure for the use and operation of engineering networks, roads and other common property;

      to compensate for losses caused by the withdrawal (purchase) of a land plot for state needs, as well as the restriction of rights to one's own plot in cases provided for by the legislation of the Russian Federation.

    A member of the association is obliged:

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

      land legislation: for intentional or systematic violations provided for by land legislation, a gardener may be deprived of property rights and other real rights to land in the manner prescribed by Art. 47 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" and land legislation;

      effectively use the land plot in accordance with its intended purpose, increase the fertility of the land, prevent the deterioration of the environmental situation as a result of the development and use of the land plot and lands of the general use of the Partnership: for violation of land, forest, water, town planning legislation, the gardener may be subject to administrative liability in accordance with legislation with administrative responsibility;

      not violate the rights of members of the Partnership;

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

      timely pay entrance, membership, targeted and other fees and payments in the manner prescribed by the Federal Law and the Charter of the Partnership;

      within 3 years to develop the land, rationally and efficiently use it for growing fruits and vegetables. A member of the Partnership who does not use the land plot belonging to him, or who has refused to use objects of common property, is not exempt from paying the expenses of the Partnership for the maintenance, operation and repair of property belonging to the Partnership;

      comply with urban planning, construction, environmental, sanitary and hygienic, fire safety and other requirements (norms, rules and regulations): the erection of buildings and structures on the garden plot that exceed the size of the establishments of the planning and development project of the territory of the Partnership is allowed only after the local government approves this construction project in the manner prescribed by urban planning legislation;

      to inform the Board without fail about the transfer (alienation) of the land plot to another person;

      take part in the events held by the Partnership;

      participate in the General Meetings of the members of the Partnership and implement its decisions and decisions of the board.

    A member of the Partnership may be expelled from the members of the Partnership in the following cases:

    1. alienation to another person of a land plot belonging to him in the manner prescribed by law;

      systematic (within 6 months) non-payment of monetary contributions and payments provided for by this Charter, as well as systematic violation of the obligations assigned to a member of the Partnership by paragraph 2, subparagraphs 1) -10) of Chapter 4 of this Charter.

    A person who retired (excluded) from the members of the Partnership shall be refunded the cost of a part of the common property (minus depreciation) in proportion to the earmarked contributions made by him for the acquisition (creation) of this property.

    Civil law disputes between the Partnership, its member: C and other persons who have land plots on the territory of the Partnership, disputes between heirs on the protection of a violated or contested preemptive right to join the Partnership, disputes between divorced spouses on the right to use a garden plot, as well as property disputes resolved in court.

5. Rights and obligations of other persons who have land plots on the territory of the Partnership:

    The relationship of the Partnership with persons who own land plots on the territory of the Partnership, but are not its members, in terms of the use of infrastructure facilities and other common property, is built on a contractual basis in accordance with Art. 8 of the Law of the Russian Federation "On horticultural, horticultural and dacha non-profit associations of citizens". With such persons, the Partnership, in the manner established by the General Meeting, concludes agreements in writing on the collection of fees for the use of infrastructure facilities and other property of the Partnership and on the fulfillment of the requirements of this Charter for the maintenance and operation of public property.

    The amount of payment under the agreement for the use of infrastructure facilities and other public property, provided that these persons make contributions for the acquisition (creation) of the said property, is set equal to the amount of payment for the use of the said property by members of the Partnership.

    In case of non-payment of the fees established by the contract for the use of infrastructure facilities and other common property, on the basis of a decision of the Board of the Partnership, these persons are deprived of the right to use the facilities and property specified in the contract. The amount of non-payments is collected in court.

6. Property rights and obligations of the Partnership and its members:

    The funds of the Partnership are formed from the contributions of its members, the amounts, terms and procedure for payment of which are determined by the General Meeting.

    Members of the Association pay the following fees:

    • introductory (one-time) - for organizational expenses for the preparation of documentation;
    • membership - periodically contributed to the maintenance of the management bodies of the Partnership and employees, as well as to other current expenses of the Partnership;
    • target - for the acquisition (creation) of infrastructure facilities and other public property.
  1. Funds of the Partnership - may also be replenished with income received as a result of the statutory activities of the Partnership and sources not prohibited by applicable law, including loans from banking institutions, charitable contributions, donations.

    The Partnership, by decision of the General Meeting, may form a special fund for use for the purposes provided for by this Charter. The special fund consists of entrance and membership fees of members of the Partnership, income from the economic activities of the Partnership, funds provided to the Partnership in accordance with Articles 35, 36 and 38 of the Federal Law "On horticultural, horticultural and country non-profit associations of citizens", other income.

    Common property acquired or created at the expense of a special fund is the property of the Partnership as a legal entity.

    Common property acquired or created by the Partnership at the expense of earmarked contributions is the joint property of its members. Payment to a member of the Partnership of the value of a part of such property in the event of his withdrawal from the members of the Partnership is made in the manner prescribed by paragraph 4 of Chapter 4 of this Charter.

    All funds received from members of the Partnership are deposited in the cash desk of the Partnership for crediting to the current account of the Partnership.

    The conditions for the alienation of the property of the Partnership are determined by the General Meeting. All transactions with the property of the Partnership must be formalized by contracts in accordance with civil law.

    Common lands on the territory of the Partnership are not subject to alienation and division.

    The funds of the Partnership are kept in accordance with the established procedure on a bank account and are used in the manner established by the General Meeting according to the documents signed by the Chairman of the Board and the accountant of the Partnership.

    The partnership is liable for its obligations with all its property, which, under the current legislation, may be levied.

    The Partnership is not liable for the obligations of the State, just as the State is not liable for the obligations of the Partnership.

    The Partnership is not liable for the obligations of its members.

    Members of the Partnership are not liable for its obligations.

7. Management of the Partnership.

    The governing bodies of the Partnership are the General Meeting of its members, the Board, the Chairman of the Board. The supreme body of the Partnership is the General Meeting of its members. The general meeting may be held in the form of a meeting of delegates. The number of authorized persons is established by the General Meeting based on the number of members of the Partnership. The Commissioners are elected at the General Meeting by open vote for 2 years.

    The competence of the General Meeting or the meeting of authorized persons (hereinafter referred to as the General Meeting) includes:

    1. adoption of the Articles of Association of the Partnership and the introduction of amendments and additions to it or approval of the Articles of Association in a new edition;

      admission to the membership of the Partnership and exclusion from its members;

      determination of the quantitative composition of the Management Board, election of members of the Management Board, early termination of their powers;

      election of the Chairman of the Board and early termination of his powers;

      election of members of the Audit Commission and early termination of their powers;

      election of members of the commission for control over observance of the legislation and early termination of their powers;

      decision-making on the organization of representative offices, on the creation of a special fund, funds for mutual lending, rental, on joining associations, the union of horticultural associations;

      approval of the internal regulations of the Partnership, including the conduct of the General Meeting (meeting of authorized persons), the activities of the Management Board, the work of the Audit Commission, the commission for monitoring compliance with the law, the internal work schedule of the Partnerships;

      adoption of decisions on reorganization or liquidation of the Partnership, appointment of a liquidation commission, as well as approval of interim and liquidation balance sheets;

      making decisions on the formation and use of the Partnership's property, as well as on its alienation, on the creation and development of infrastructure facilities; as well as setting the size of trust funds and related contributions, writing off the balance sheet of fixed assets;

      determination of the size of entrance, membership and target fees;

      setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of the Partnership;

      approval of income and expenditure estimates and making decisions on its use;

      consideration of complaints against the decision and actions of members of the Management Board, the Chairman of the Management Board, members of the Audit Commission, members of the commission for monitoring compliance with the law, officials of the mutual lending fund and the rental fund;

      approval of the reports of the Management Board, the Audit Commission, the Commission for Control over Compliance with Legislation, Credit and Rental Funds;

      incentives for members of the Management Board, the Audit Commission and other management bodies of the Partnership, approval of the amount of remuneration paid in connection with their elective activities.

    The General Meeting is convened as needed, but at least once a year. Extraordinary General Meetings are convened at the motivated written request of at least 1/5 of the total number of members of the Partnership, by decision of the Board, by the request of the Audit Commission, and also at the suggestion of the local government. Notification of the members of the Partnership about the General Meeting is made no later than 2 weeks before the date of its holding. The form of the notification is established by the Board. The notice must specify the content of the issues submitted for discussion.

    The General Meeting is recognized as competent if it is attended by more than 50% of the total number of members of the Partnership or not less than 50% of authorized persons.

    The Chairman of the General Meeting of the members of the partnership is elected by a majority vote of the members of the partnership present or authorized.

    Solution for questions:

    • on amendments and additions to the Articles of Association or on approval of the Articles of Association in a new edition;
    • about exclusion from the members of the Partnership;
    • on reorganization or liquidation, appointment of a liquidation commission, approval of an interim and liquidation balance sheet - adopted by the General Meeting by a 2/3 majority of votes, subject to the requirements of clause 4, ch. 6 of this Charter.
  1. Other decisions of the General Meeting are taken by a simple majority of votes.

    The decision of the General Meeting is brought to the attention of its members within 7 days after their adoption in the manner prescribed by the General Meeting.

    Complaints of members of the Partnership against the decisions of the General Meeting or the meeting of representatives are considered in court.

    The Board of the Partnership is a collegial executive body and is accountable to the General Meeting.

    The Board of the Partnership is elected from among its members at the General Meeting for a period of 2 years. The number of members of the Management Board and the procedure for voting (open, secret) are established by the General Meeting.

    The issue of early re-election of members of the Management Board may be submitted for consideration by the General Meeting at the request of at least 1/3 of the members of the Partnership.

    Meetings of the Management Board are convened by the Chairman of the Management Board within the time limits established by the Management Board, as well as when necessary.

    Meetings of the Management Board are competent if they are attended by at least 2/3 of its [members. Decisions of the Management Board are taken by a simple majority of votes of the present members of the Management Board. Decisions of the Management Board are binding on all members of the partnership and employees who are in labor relations with the Partnership.

    The competence of the Board includes:

    1. implementation of decisions of the General Meeting;

      operational management of the current activities of the Partnership;

      drawing up income and expenditure estimates and reports, submitting them for approval by the General Meeting;

      disposal of tangible and intangible assets of the Partnership to the extent necessary to ensure its current activities;

      organizational and technical support of the activities of the General Meeting;

      organization of accounting and reporting of the Partnership, preparation of the annual report and submission for approval by the General Meeting;

      organization of protection and insurance of the property of the Partnership and the property of its members;

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

      purchase at the request of members of the Partnership and delivery of planting material, garden tools, fertilizers and pesticides;

      ensuring office work and maintaining the archive of the Partnership;

      employment in the Partnership of persons under employment agreements (contracts), their dismissal, encouragement, imposition of penalties on them, vision of accounting for employees;

      control over the timely payment of entrance, membership, target fees;

      making transactions on behalf of the Partnership;

      control over compliance by the Partnership with the legislation of the Russian Federation and this Charter;

      consideration of applications and complaints of members of the Partnership and other persons who have land plots on the territory of the Partnership;

      submission of recommendations, certificates, petitions to state authorities, local self-government and other organizations. The Board has the right to make decisions on other issues that are necessary to achieve the goals of the Partnership and ensure its normal operation, with the exception of issues related to the Charter & competence of the General Meeting.

  2. The Board of the Partnership is headed by the Chairman of the Board, elected from among the members of the Board for a period of 2 years. The powers of the Chairman of the Board of the Partnership are determined by the Federal Law "On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens" and this Charter.

    The Chairman of the Board, in case of disagreement with the decision of the Board, has the right to appeal against it to the General Meeting.

    The Chairman of the Board, without a power of attorney, represents the interests of the Partnership in all bodies and organizations on all matters and issues arising from the statutory activities of the Partnership, including:

    1. chairs meetings of the Board;

      has the right of first signature under financial documents that, in accordance with these Articles of Association, are not subject to mandatory approval by the Board or the General Meeting;

      signs other documents on behalf of the Partnership and minutes of the Board meeting;

      on the basis of a decision of the Management Board, concludes transactions and opens accounts of the Partnership in banks;

      issues powers of attorney;

      submits for approval by the General Meeting of Internal Regulations the provisions on remuneration of employees for hire;

      represents on behalf of the Partnership in public authorities, local self-government, courts, other organizations;

      considers applications and complaints of members of the Partnership. The Chairman of the Board 8, in accordance with the Charter, also performs other duties, with the exception of those that are within the direct competence of the General Meeting and the Board.

    The Chairman of the Board and members of the Board shall be liable to the Partnership for losses caused to the Partnership by their actions (inaction), with the exception of members of the Board who voted against the decision that caused losses or did not take part in the voting. The Chairman of the Partnership and its members, in case of revealing financial abuses or violations, causing losses to the Partnership, may be subject to disciplinary, material, administrative or criminal liability in accordance with the law.

    The Audit Commission is elected from among the members of the Partnership by the General Meeting of at least 3 (persons for a period of 2 years. The Chairman and members of the Management Board and their relatives cannot be elected to the Audit Commission. The procedure for the work of the Audit Commission is regulated by the Regulation approved by the General Meeting.

    The Audit Commission is accountable to the General Meeting. Members of the Audit Commission shall be liable for improper performance of the duties stipulated by this Charter and the Federal Law "On horticultural, horticultural and country non-profit associations of citizens."

    Re-elections of the Audit Commission may be held ahead of schedule at the request of at least 1/4 of the total number of members of the Partnership.

    The Audit Commission exercises control over the financial and economic activities of the Chairman of the Management Board, the Management Board and its members. The Audit Commission is obliged to:

    1. verify the implementation by the Board and its Chairman of the decisions of the General Meetings, the legality of civil law transactions made by the management bodies of the Partnership, regulatory legal acts regulating the activities of the Partnership, the state of its property;

      carry out audits of the financial and economic activities of the Partnership at least once a year, as well as on the initiative of the members of the Audit Commission, the decision of the General Meeting or at the request of 1/5 of the total number of members of the Partnership or 1/3 of the total number of members of the Management Board;

      report on the results of the audit to the General Meeting with recommendations from the representatives on the elimination of identified violations;

      report to the General Meeting on all identified violations in the activities of the management bodies of the Partnership;

      exercise control over the timely consideration by the Board and the Chairman of the applications of the members of the Partnership.

    According to the results of the audit, when creating a threat to the interests of the Partnership and its members, or if abuses of the Chairman or members of the Management Board are revealed, the Audit Commission, within its powers, has the right to convene an extraordinary general meeting of a member of the Partnership.

    The Public Commission for Control over Compliance with the Legislation is elected by the decision of the General Meeting and works under the leadership of the Board. The Commission exercises public control over:

    1. observance on the territory of the Partnership of measures to prevent and eliminate pollution of surface and ground waters, soil and atmospheric air by household waste and sewage;

      observance of sanitary and other rules for the maintenance of public lands. garden plots and adjacent territories;

      ensuring compliance with fire safety rules during the operation of furnaces, electrical installations, electrical networks, fire extinguishing equipment;

      protection of monuments and objects of nature, history and culture on the territory of the Partnership and adjacent territories;

      implementation by gardeners of land, forestry, water, environmental legislation, legislation on urban planning, fire safety, sanitary and epidemiological well-being of the population.

    The Law Enforcement Commission draws up acts on violations of the law and submits them for action to the Board for consideration. The Board has the right to submit these acts to state bodies for taking appropriate measures.

    Minutes of the General Meetings, meetings of the Management Board and the Audit Commission, the Commission for Monitoring Compliance with the Law are drawn up within a week, signed by the heads of the relevant elected body, certified by the seal of the Partnership and stored in the affairs of the Partnership permanently. Copies of the protocols and certified extracts from them are submitted for familiarization to the members of the Partnership at their request, as well as to the local government at the location of the Partnership, public authorities, judicial and law enforcement agencies in accordance with their requests in writing.

8. Labor relations and wages.

    Labor relations between the Partnership and employees are regulated by the labor legislation of the Russian Federation, as well as by this Charter.

    The partnership, in order to fulfill its statutory tasks, hires workers under labor contracts and determines the amount of remuneration for their work.

    By decision of the General Meeting, members of the elected bodies of the Partnership may be remunerated in the amount determined by the General Meeting.

    A member of the Partnership has the right, as a matter of priority, to be accepted for paid work in the Partnership.

    The partnership ensures the safety of personnel documents and their transfer to the archive in the prescribed manner.

9. Termination of the Partnership.

    The activities of the Partnership are terminated by decision of the General Meeting of the Partnership or in court, including at the request of a state authority or local government to liquidate the Partnership in court.

    The reorganization of the Partnership is carried out in the manner prescribed by Art. $f# of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" by decision of the General Meeting by merging, joining, separating, separating, transforming into another organizational and legal form with the transfer of property rights and obligations of the Partnership to the successor.

    The liquidation of the Partnership is carried out by the liquidation commission formed by the decision of the General Meeting, to which the powers to manage the affairs of the Partnership are transferred, in accordance with the procedure established by Art. 40-44 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens."

    The liquidation commission informs in the mass media about the liquidation of the Partnership and accepts the claims of creditors within 2 months from the date of publication of the notice of liquidation.

    The liquidation commission takes measures to satisfy the claims of creditors and collect debts from debtors, draws up an interim and liquidation balance sheet and submits it for approval to the General Meeting.

    The distribution of property remaining after settlement with the budget, banks and other creditors is made between the members of the Partnership in accordance with the share of each in the collective property in proportion to the amount of targeted contributions made.

    All cases and documents of the Partnership after liquidation are transferred in accordance with the established procedure for state storage in the archive.

10. Final provisions.

    Issues not regulated by this Charter shall be resolved in accordance with the current legislation.

    In cases of changes in the legislation of the Russian Federation on horticultural non-profit associations of citizens, the Charter shall be brought into line with the norms of the Federal Law. Amendments, additions or the adoption of a new version of the Charter made in connection with this to the Charter are subject to state registration in the manner prescribed by the Federal Law.

    The charter is drawn up on 11 sheets in 2 copies, having the same legal force.

    The list of founders who are members of the Partnership from the date of its state registration is attached and is an integral part of this Charter.

Agreement on the procedure for the use and operation of engineering networks, roads and other common property also those who, for some reason, left it, or were expelled. That is, there are two categories of gardeners on the territory of a horticultural association: 1. Members of a horticultural non-profit association; 2. Gardeners are individuals. In their relations with each other and with the association, as a legal entity, gardeners who are members of a horticultural association are guided by Federal Law No. 66-FZ “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”, the Charter, as well as decisions of general meetings. It follows from the law that members of horticultural associations must pay three types of fees: entry, membership and target. The charter of the partnership may determine in what order these contributions must be paid, with what frequency and in what period. At general meetings of the horticultural association, its members make decisions on approving the estimate, determining the needs of the partnership, planning current and future expenses. After the estimate is approved, the amount of membership and earmarked contributions for the year is determined. The described procedure is relevant only to those gardeners who are members of the association. Gardeners - individuals who have a land plot on the territory of a horticultural association, must build their relationships on the basis of contracts. The conclusion of an agreement between a horticultural association and an individual gardener is mandatory both from the point of view of the law and from the point of view of the interests of both parties. After a member of the partnership has left the association, he is not obliged to comply with the decisions of the general meetings, and will obey them. The statute is not law for him. The cost estimate applies only to members of the horticultural association. Therefore, until an agreement is concluded between a horticultural association and an individual gardener, there is no reason to demand any payments from the owner of the plot. There is only one exception - payment for consumed electricity. This type of payment is made on the basis of the readings of an individual meter, and does not depend on the presence or absence of a signed contract. As a rule, the initiator of the conclusion of an agreement for the use of infrastructure facilities and other common property of a horticultural, horticultural or dacha non-profit association is the board of such an association. If, for any reason, an individual gardener was not offered a draft contract, he has the right to draw up his own version and propose it to the association's board. The direction of the draft agreement to the other party in this case is considered as the direction of the offer (Article 435 of the Civil Code of the Russian Federation). An offer is an offer addressed to one or several specific persons, which is quite definite and expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer. The offer must contain the essential terms of the contract. The party that received the draft contract must carefully read its terms, and if the terms of the contract are completely satisfied, sign it. If the terms of the contract are not satisfactory, it is necessary to draw up a protocol of disagreements and send it to the other party. If the disagreements that have arisen between the parties under the terms of the contract cannot be resolved amicably, the solution of this issue can be referred to the court. The court should also be contacted if, despite the appeal with the draft agreement on its conclusion, the second party refused, or did not answer anything. To apply to the court, it is necessary to prepare a substantiated statement of claim, and send it to the district or city court, at the location of the defendant. If the defendant is an individual gardener, then the case will be considered by the court at his place of residence, if the defendant is a horticultural non-profit association - the court at his location. A mandatory annex to the statement of claim will be a draft contract, which was sent to the second party (the defendant). When drawing up a statement of claim, it is necessary to comply with the conditions for its preparation, provided for in Article 131 of the Civil Procedure Code of the Russian Federation. According to this rule, the statement of claim is submitted to the court in writing. The statement of claim must contain: 1) the name of the court to which the statement is filed; 2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative; 3) the name of the defendant, his place of residence or, if the defendant is an organization, its location; 4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claim; 5) the circumstances on which the plaintiff bases his claims and the evidence confirming these circumstances; 6) the value of the claim, if it is subject to evaluation, as well as the calculation of the sums of money recovered or disputed; 7) information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by an agreement between the parties; 8) a list of documents attached to the application. In the statement of claim, it is desirable to indicate the norms of the law on which the requirements are based. In a civil case on compulsion to conclude an agreement on the use of infrastructure facilities, it is necessary to refer to the Civil Code of the Russian Federation and the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, gardening and country non-profit associations of citizens”. Federal Law No. 66-FZ of April 15, 1998 "On horticultural, horticultural and dacha non-profit associations of citizens" indicates that a horticultural, horticultural or dacha non-profit association of citizens is a non-profit organization established by citizens on a voluntary basis to assist its members in solution of general social and economic problems of gardening, horticulture and dacha farming. On the basis of Article 8 of the Federal Law of April 15, 1998 No. 66-FZ “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”, citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis. Citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association have the right to use the infrastructure and other common property of a horticultural, horticultural or dacha non-profit association for a fee on the terms of contracts concluded with such an association in writing. form in the manner determined by the general meeting of members of a horticultural, horticultural or dacha non-profit association. Citizens individually engaged in horticulture, horticulture or dacha farming on the territory of a horticultural, horticultural or dacha non-profit association may appeal to the court decisions of the board of a horticultural, horticultural or dacha non-profit association or a general meeting of its members to refuse to conclude agreements on the use of infrastructure and other common property of such an association. In accordance with Part 1 of Art. 420 of the Civil Code of the Russian Federation, an agreement is recognized as an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. By virtue of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by the Civil Code of the Russian Federation, by law or by a voluntarily assumed obligation. In accordance with paragraph 9, part 1, art. 19 FZ No. 66-FZ, a member of a horticultural partnership has the right to voluntarily withdraw from such an association with the simultaneous conclusion of an agreement with him on the procedure for the use and operation of engineering networks, roads and other common property, therefore, the horticultural association is obliged to conclude an agreement on the basis of the law. In cases where disagreements that arose during the conclusion of the contract are referred to the court for consideration, the terms of the contract on which the parties had disagreements are determined in accordance with the decision of the court. The main terms of the contract include: the subject of the contract, the price, the responsibility of the parties, the duration of the contract. The names and data of the parties who entered into the contract must be fully indicated. The agreement on the procedure for the use and operation of engineering networks, roads and other common property is drawn up in two copies, one for each of the parties.

Registration of SNT (Gardening Non-Commercial Partnership) is a much more complicated procedure than registration of any other commercial type organization. However, every person who has acquired a summer house, real estate outside the city, a building plot or a garden has to face this task.

In order to solve the problems of owning a dacha, garden or garden plot as quickly as possible, one has to overcome the registration procedure for SNT or DNT (depending on the type of farm acquired).

To begin with, it is not worth taking on the registration process on your own, since even experienced lawyers often face difficulties that can only be solved with sufficient skills and knowledge. What can we say, at the first stage (preparation and submission of documents), 80% of people fail, since in our country there is a tendency to send for new documents every time, delay issuing the necessary permits and take money for nothing. We call all this bureaucracy and corruption.

If you need to register an SNT, please contact the professionals of the NAME company for help. We are ready to help with compiling a list of necessary documents, collecting them, submitting papers to the relevant authorities, etc. We can get involved in the work from the very beginning of registration or at any of its stages. Take advantage of the cost-effective, turnkey CNT registration services and save yourself the hassle, costs and stress.

What documents are needed to register a SNT?

The main legislative document that determines the legal essence of SNT / DNT, the rules for introducing changes to the charter, the rights and obligations of participants, etc., is considered to be Federal Law N 66-FZ of 04/15/1998. The process of registration of SNT is described in detail by the laws on state registration of legal entities and individual entrepreneurs.
Registration of SNT requires the preparation of a package of such acts:

  • Standard application for registration of SNGT (form РН001).
  • The decision to organize SNT or DNT.
  • Constituent papers of the organization.
  • State tax receipt.
  • The decision to organize a Garden Non-Commercial Partnership is the foundation for registering an SNT and can be used both in the process of reorganizing an NPO in an SNT and in the formation of a new SNT.

It is worth adding that the registration of SNT is real only in the situation when the number of its founders is at least three. If the number is less, the non-profit organization cannot be created.

What to do after the creation of the SNT?

Once the SNT has been established, a number of other issues need to be considered. At the first organizational meeting, the directors may create by-laws. This process can be simplified by referring to the model by-laws that were written to apply to the typical non-profit organization.

The charter of the SNT must necessarily indicate the following data:

  • Organizational form.
  • Name and official address.
  • The essence and main tasks of the activity.
  • Rules for becoming members of the SNT or leaving the organization.
  • The rights and obligations of the structure itself.
  • The legal status of participants, as well as a description of their obligation.
  • Rules for the implementation of membership fees of the organization, responsibility for non-compliance with these obligations.
  • Obligations of participation of members in the activities of the SNT.
  • Data on the structures of the organization, their powers.
  • Structure, and powers of supervising structures SNT.
  • Data on the creation of the property base.
  • Rules for conducting an absentee referendum.
  • Information about the payment of the work of staff.
  • Information about dismissal from the organization.
  • Information about the reorganization or liquidation of the organization, the opening of new branches, and so on.
  • Other information according to the legislation.

Articles of association should not be submitted with an application for a certificate of incorporation. However, the law requires that it be created and submitted to the relevant structures within 12 months after confirmation by their members.