FZ 66 dated April 15, 1998 Northern summer resident - news, catalog, consultations

This brochure is compiled from frequently asked questions that we have to deal with at numerous gardening conferences and in the legal service.

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

Your Andrey Tumanov,
Chairman of the Board of the Moscow Union of Gardeners,
editor-in-chief of the newspaper "Your 6 acres".

1. What is SNT?

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

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

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

3. Many years ago I was given a garden plot, now a building has been erected there. Why can't I own this property?

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

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

Answer: non-profit organizations are organizations that do not have profit making as the main goal of their activities, but this does not mean that non-profit organizations do not conduct any economic activity. The activities of the CNT are aimed at meeting the needs of members in energy supply, water supply, and so on, and contributions are collected precisely to achieve these goals.

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

Answer: in the garden and summer cottage, the possibility of planting non-fruit trees is not provided, and in the garden plot, planting of any trees and shrubs is not provided at all.

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

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

7. What taxes do I have to pay if I own a plot in SNT?

Answer: in accordance with Art. 2 Law of the Russian Federation of 09.12.1991

2003-1 “On Taxes on Property of Individuals”, a residential building, apartment, room, cottage, garage, other building, premises and structure, as well as a share in the common ownership of this property are recognized as taxation objects. Heroes of the Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees, disabled people of groups I and II, disabled since childhood, participants in the Civil and Great Patriotic Wars and some other categories of citizens are exempted from paying property tax.

Tax on buildings, premises and structures is not paid from residential buildings with a living area of ​​up to 50 square meters and utility buildings and structures with a total area of ​​​​up to 50 square meters located on plots in horticultural and summer non-profit associations of citizens. In addition, in accordance with Chap. 31 "Local taxes" of the Tax Code of the Russian Federation, land plots that are on the right of ownership, life-long inheritable possession and permanent unlimited use are recognized as the object of taxation. No one is exempted from paying land tax, however, the regulatory legal acts of the representative bodies of municipalities may establish tax benefits, the grounds and procedure for their application.

Thus, a citizen must pay tax on property belonging to him, and it must also be remembered that membership fees include tax on public property of SNT.

8. Is the garden plot inherited?

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

9. Can the garden plot be sold?

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

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

10. What should be the infrastructure of SNT? Is electricity required?

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

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

11. Who sets the annual fee?

Answer: the determination of the amount of contributions belongs to the exclusive competence of the general meeting of members (meeting of authorized persons) of the SNT.

12. Do I have the right to register in my garden house?

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

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

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

13. The size of the membership fee - who sets it, what are the payment terms?

Answer: the size of the membership fee is established by the decision of the general meeting of members (meeting of authorized persons) of the SNT, the payment deadline may be set by the charter, or maybe by the decision of the general meeting of members (meeting of authorized persons).

soaked) SNT.

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

Answer: in accordance with Art. 25.3 of the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, one of the following documents may be the basis for state registration of a citizen’s ownership of a garden or summer cottage land plot:

• an act on granting a given land plot to a citizen, issued by a public authority or a local government body within its competence and in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
• an act (certificate) on the right of a citizen to this land plot, issued by an authorized body of state power in the manner established by the legislation in force at the place of issue of the act at the time of its issuance;
• other document establishing or certifying the right of a citizen to this land plot.

15. What are the responsibilities of SNT members?

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

16. What is common property?

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

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

17. If I want to carry out a land survey, where do I start?

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

18. How are land disputes resolved?

Answer: if the parties cannot agree on the location of the boundary of the land plot, then this case is subject to consideration by the court. It should be noted that in order to resolve a land dispute, it is most often necessary to appoint a land management expertise, the cost of which is high and most often incommensurable with the cost of the disputed piece of land.

Territorial jurisdiction is determined by the location of the land.

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

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

20. Does an SNT member have a pre-emptive right to purchase a neighbor's lot?

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

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

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

introductory and target - in a non-profit partnership and a non-profit partnership, in a consumer cooperative

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

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

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

Answer: the general meeting of members is the supreme governing body of the association, it can be regular, which must be held at least once a year, and extraordinary, which can be convened by the board, as well as at the request or proposal of the auditor (auditing commission), not less than 1/5 of the total number members, as well as at the request of the local government. The procedure for notifying members of the forthcoming general meeting is determined by the charter of the association, which also specifies the procedure for electing authorized representatives (if the association provides for holding a general meeting of members in the form of a meeting of authorized representatives), as well as the procedure for holding a general meeting of members in absentia. The procedure for holding a general meeting of members, the procedure for voting are determined by the regulations for holding general meetings, which is approved at a general meeting of members of the association.

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

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

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

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

25. Is breeding of bees allowed in the garden?

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

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

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

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

Answer: the horticultural non-profit association of citizens is a legal entity and is obliged to fully comply with the requirements of labor legislation, SNT makes contributions to all funds on an equal basis with other commercial organizations. In 2011, contributions to the funds amount to 34.2% of the payroll fund. The transfer of contributions to the funds is mandatory.

28. Can I install a greenhouse on my property?

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

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

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

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

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

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

Answer: garbage disposal from the SNT should be organized in accordance with the requirements of the acts of local governments on whose territory the associations are located.

32. Can I burn garbage on my site?

Answer: burning of garbage on the garden or suburban land is not allowed.

33. What are the fire safety requirements for SNT?

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

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

In paragraph 18. Art. 68 states that in order to ensure fire extinguishing on the territory of the common use of the association, fire-fighting reservoirs or tanks with a capacity of at least 25 cubic meters with a number of sections up to 300 and at least 60 cubic meters with a number of sections of more than 300 (each with sites for the installation of fire equipment, with the possibility of water intake by pumps and the organization of an entrance for at least 2 fire trucks).

Also, the requirements are contained in the Code of Rules SP 53.13330.2011 “SNiP 30-02-97 *. Planning and development of territories of horticultural (dacha) associations of citizens, buildings and structures”, the norms of which are binding.

34. Am I required to join the SNT?

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

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

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

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

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

Answer: No. It is necessary to work with non-payers, including collecting debts on contributions in court.

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

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

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

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

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

Answer: Yes, it does, but business profits should not be distributed among the participants

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

40. Why do gardeners pay for electricity as urban residents if the plots are located in rural areas?

Answer: to the category "Consumers equated to the population" in accordance with paragraph 27 of the Guidelines for the calculation of regulated tariffs and prices for electrical (thermal) energy in the retail (consumer) market, approved by order of the Federal Tariff Service dated 06.08.2004 No. 20- e / 2, include, among other things, horticultural, horticultural or dacha non-profit associations of citizens - non-profit organizations established by citizens on a voluntary basis to assist its members in solving common social and economic problems of gardening, horticulture and dacha farming. The subject of the Federation did not use the right to grant benefits to horticultural associations of citizens located on its territory. In the Yaroslavl region, for example, gardeners pay for electricity at the rate set for the rural population.

41. What to look for when buying a plot?

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

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

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

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

Answer: an extraordinary general meeting of members may be convened by the board or in accordance with art. 25 of the law on gardeners, when creating a threat to the interests of the association and its members, or when identifying abuses by the members of the board of the association and the chairman of the board, an extraordinary general meeting of members may be convened by the auditor (audit commission) of the association.

44. Should a citizen doing gardening on an individual basis pay targeted contributions?

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

45. What should earmarked contributions to SNT be used for?

Answer: targeted contributions to SNT are spent on the creation of public facilities. The property created with earmarked contributions from the members of the partnership shall be jointly owned by the members of such an association.

46. ​​Is a citizen who conducts gardening on an individual basis obliged to sign an agreement on the use of infrastructure facilities, the text of which was approved by the general meeting of members of the SNT?

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

47. To whom can a SNT member entrust the right to participate in the general meeting?

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

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

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

49. What are the superior bodies of the SNT?

Answer: There are no higher bodies in the SNT.

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

Answer: registration of buildings located in garden or summer cottages is carried out in a simplified manner on the basis of a declaration on a real estate object approved by order of the Ministry of Economic Development of Russia dated November 03, 2009 No. 447 and is the gardener's right, but not an obligation.

51. According to the documents, I was given a land plot of 6 acres. How much land can I acquire if I actually use more land?

Answer: subject to the coordination of boundaries with all adjacent land users, a citizen has the right to register a land plot within the existing boundaries, if the area obtained as a result of land surveying does not exceed one minimum size of a land plot provided in this constituent entity of the Russian Federation for the purposes of gardening (for a garden plot), maintaining a dacha economy and etc. In the Moscow region, the area of ​​the minimum plot, which is provided for gardening, is 0.06 hectares - 6 acres, or 600 square meters. If a citizen was previously provided with 8 acres, then he can draw up a plot of up to 14 acres. However, this provision of the law is more of a declarative nature;

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

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

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

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

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

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

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

55. How to become a member of SNT?

Answer: in order to become a member of the SNT, it is necessary to have a land plot within the boundaries of the land allotment provided for the placement of the association, and write an application for membership. The decision on admission to membership is made by a simple majority of votes of the members present at the general meeting of members (meeting of authorized persons) of the association.

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

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

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

57. Why, when registering the right to public lands, was I asked for a receipt for 15,000 rubles? Who installed it?

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

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

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

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

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

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

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

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

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

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

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

Answer: there are practically no cases of active upholding of the rights of members of the SNT by the board. However, the CNT may participate in the court session as a third party.

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

Answer: founders are those citizens who make a decision to create an SNT (or any other organization), and their names are entered in the Unified State Register of Legal Entities. In accordance with paragraph 4.11 of the canceled order of the Federal Tax Service of the Russian Federation dated November 1, 2004 No. SAE-3-09 / [email protected] on methodological clarifications on filling out the forms of documents used in the state registration of a legal entity and an individual entrepreneur, when submitting an application for state registration of an HOA, ST, data on the members of the board are indicated in the information about the founders.

65. Can foreign citizens become members of the CNT?

Answer: Yes they can. Note that a foreigner can acquire a garden or summer cottage in the property.

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

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

67. Why are associations of horticultural associations created?

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

68. Within our SNT, a group of members registered their new SNT. Now they require us to provide part of the property. How should we do now?

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

69. Who sets the amount of the SNT entry fee and when should it be paid?

Answer: the size of the entrance fee is determined by the decision of the general meeting of members (meeting of authorized persons), paid after the decision on admission of a citizen to the membership of the association. It should be remembered that an overestimated entry fee will lead to land owners refusing to join the association.

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

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

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

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

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

Answer: the fact that the withdrawal is carried out voluntarily, upon the written will of the member, and the expulsion is carried out by a qualified majority of the members (authorized persons) present at the general meeting, for those violations of the charter for which exclusion from members is provided as a measure of influence.

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

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

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

Answer: citizens of these categories are entitled to preferential provision of garden plots. However, after the introduction of the Land Code of the Russian Federation, such provision is carried out for a fee. Free provision of land ownership after 2001 is virtually non-existent.

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

Answer: no, not right. If the decision to create an infrastructure facility is made by a decision of a competent general meeting, then regardless of whether you were at the meeting, voted for or against the decision, you need to submit a target contribution. If the contribution is not returned, the board can recover the debt in court.

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

Answer: At present, the activities of horticultural, dacha and gardening non-profit associations of citizens are regulated by the following regulations:

• the Constitution of the Russian Federation;
• the Civil Code of the Russian Federation;
• Land Code of the Russian Federation;
• the Tax Code of the Russian Federation;
• Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”;
• Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs”;
• Federal Law No. 122-FZ of July 21, 1997 “On State Registration of Rights to Real Estate and Transactions Therewith”;
• Federal Law No. 221-FZ of July 24, 2007 “On the State Real Estate Cadastre”;
• Federal Law No. 137-FZ of October 25, 2001 “On Enactment of the Land Code of the Russian Federation”;
• Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ and many
• other normative legal acts.

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

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

78. I'm selling a site in SNT, does the board have to return all my fees - entrance, membership and special purpose?

Answer: the charter of the SNT should specify the procedure for the return of earmarked contributions. Membership and entry fees are non-refundable.

79. How long will the "dacha amnesty" last?

Answer:"Dacha amnesty", namely the operation of the simplified procedure for registering rights to land plots and buildings in summer cottages and garden plots, has no time limit.

80. Do I have to register the right to a land plot?

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

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

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

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

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

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

84. How many powers of attorney for participation in the general meeting of members can be issued in one hand?

Answer: the number of powers of attorney issued in one hand is not limited by law.

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

Answer: it can, if penalties are mentioned in the charter as measures of influence, and the general meeting of members has established their size.

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

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

87. How are the membership fees of SNT members calculated on legal grounds - from a site or from a hundred?

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

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

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

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

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

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

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

In essence, membership fees go to the maintenance of the legal entity and its governing bodies. Please note: not the maintenance of property, but the legal entity itself - stationery and postage, duties, legal costs, wages, taxes and fees.

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

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

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

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

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

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

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

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

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

89. What to do with the land, the owner of which has died, but the heirs have not appeared?

Answer: nothing can be done about this area. In accordance with the procedure established by law, such property is recognized as escheat and becomes the property of the municipality.

90. I bought a plot from an SNT member who didn't pay dues. Should I pay off his debts?

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

91. The chairman refuses to sign the act of agreeing on the boundaries of the land plot and to issue me a certificate stating that the land was legally provided to me. Motivates by the fact that I have not paid dues. Is he right?

Answer: no, the chairman of the board in this case is not right.

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

Answer: in accordance with Art. 281 of the Civil Code of the Russian Federation, the price is determined by agreement with the owner of the site. When determining the redemption price, it includes the market value of the land plot and real estate located on it, as well as all losses caused to the owner by the withdrawal of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit. In the absence of an agreement on the redemption price, the issue can be resolved in court.

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

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

94. Why do gardeners have to pay for losses in electrical networks?

Answer: the content of this question is the subject of discussion. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining his property - in this case, electrical networks. If an energy supply agreement is concluded with each specific gardener, then payment for losses in the networks is not made.

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

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

No. 384-FZ "Technical regulations on the safety of buildings and structures" are mandatory for application.

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

Answer: The obligation to pay land tax lies with each owner of the land. Registration of the right of ownership to a land plot does not entail the termination of the obligation to participate in the maintenance of public property and the legal entity itself. Thus, membership and earmarked contributions in the partnership still need to be paid by the member.

97. A member of the CNT who did not pay dues has died. How to make the heirs pay contributions - the father's debts and the money that they themselves owe as new owners.

Answer: it is possible to force the heirs to pay the debts of the testator in a judicial proceeding. Please note that you can recover only those funds that the deceased did not pay. Those "debts for the plot" that arose after the death of the testator cannot be recovered. The owner of the land plot pays membership fees if he is a member, or pays under an agreement if he is not a member and such an agreement is concluded. If the contract is not concluded and the citizen is not a member, he has no obligation to deposit any funds to the cash desk of the association.

98. How and where can I find out who is the owner of the land?

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

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

Answer: plots belonging to citizens will remain with them in the same right as before. The common property is likely to be sold. And then the owner will be able to independently set the amount of payment for the use of his property.

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

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

If an official violates the rights of the people, they should know where to complain about the chairman of the SNT. But first it is useful to familiarize yourself with the powers, rights and obligations of this person. If he breaks the law (for example, he is engaged in theft), there is no need to be inactive. You can find justice for an unscrupulous citizen by filing a complaint with the appropriate authority. Let's figure out where to turn in case of serious conflicts with the chairman of the SNT.

The abbreviation SNT can be deciphered as a horticultural non-profit partnership. It is an organization that unites citizens in a single gardening in order to resolve economic issues. The partnership is registered with the tax service and exists officially.

This organization has:

1. Have your own charter. It is in writing and contains the basic rules relating to the organization and its members.
2. You can conduct business from the moment of registration.
3. The governing body is elected by the citizens who are members of the SNT. Subsequently, it is he who represents the interests of the participants.

The people who are in the partnership are the owners of the plots of land. They have an obligation to pay regular contributions, which may be, for example, earmarked or membership. They are intended either to perform a specific task, or for governing bodies and shared property.

The garden partnership has a developed infrastructure, and the SNT itself is considered a single array. It contains roads and a roadway, drainage ditches, communications (water, electricity, gas), buildings. These elements are intended for general use by all participants in the partnership.

The chairman of the SNT is the main person of the organization, he is responsible for managing the partnership and solving various issues. There is an instruction that spells out the duties for this position and the rules - for example, that members of the horticulture hire the chairman as an employee and have the right to remove them from office. However, the decision will have to be made at the general meeting. The work has a specific term - 2 years. The position allows you to have subordinates such personalities as a deputy in case of absence and a secretary.

The chairman has the duty to represent the interests of the entire community in various bodies - for example, in the district administration. He must monitor the condition of the equipment and the improvement of the sites, if necessary, take timely measures. The board allows employees to issue instructions, and in case of gross violations, to remove them from their activities.

The chairperson is responsible for the purchase of equipment and materials that may be required for the partnership. It is unacceptable if an official starts stealing money from people. It is responsible for financial transactions on behalf of SNT and has the right to dispose of bank accounts. You should immediately complain if the head of the partnership steals.

The rights and duties of the chairman include control over the SNT. There should be no problems if he conducts his activities in the interests of the owners of the sites. However, there are situations when a person abuses authority and benefits from it to the detriment of other citizens. Then it is worth asking for help in specific instances.

If people notice that the chairman is not acting in their best interest, breaking the law, and causing damage to property and finances, it is wise to file a complaint. You should not immediately go to court if a conflict arises with the head of the SNT. File a complaint with the prosecutor's office against the chairman in order to stop illegal actions and bring to justice.

Violations that may make you want to go to court:

• fraudulent activities;
• consumption of contributions from citizens for other purposes;
• falsification of official papers;
• theft;
• actions that violate the charter;
• other (for example, non-compliance with fire measures, the location of a public facility with non-compliance with regulations, and other actions that require verification).

If the participants are justifiably dissatisfied with the behavior of the representative, then they have the right to file a complaint with the prosecutor's office. When contacting this authority, make a statement with clearly stated data. It is necessary to indicate the facts on which the actions of the head are recognized as illegal. It is also worth attaching official papers confirming the words of people.

Important! Citizens who have applied to the prosecutor's office or to the court may not have papers with evidence of violations. In this case, the body conducts an investigation with a number of examinations.

Before thinking about how to apply, it is worth considering the following. The prosecutor's office deals only with serious cases, so the shortage, for example, 100 rubles, should not be considered in it. Also, do not apply if there is no evidence of theft, the accusation is unfounded. It’s another matter if there is a threat to the life and health of SNT participants, then you should contact the prosecutor’s office, as in the case of the other listed examples of serious violations.

With the help of the prosecutor's office, you can call an official to account and stop illegal actions. If it is recognized as a violator, it will be possible to remove him from office. Separately, you can apply to the court so that the decisions become invalid in case of violation of the interests and rights of the owners of the plots.

Pre-trial conflict resolution

Often people are in a hurry to apply to the prosecutor's office or to the court. Many conflicts can be resolved peacefully without involving these bodies. For example, a person wrote a statement to the chairman, but did not receive a response. This is not a reason to immediately file a complaint, because the letter could be lost among other papers.

A conflict may arise if it turns out that the archived document is lost. In this case, you should also solve the problem yourself. Suppose they do not issue a certificate stating that a particular citizen lived on the site for a certain period. The head of the SNT may refer to the fact that there is no application for a person to join the ranks of a garden partnership. You can resolve this issue by confirming your membership (suitable for old members) or by re-joining this array (great option for new people).

Many conflicts can be resolved personally. Often problems arise in the case of inheritance of a non-privatized site. The chairmen do not know whether to allocate land or not. It is reasonable to invite a lawyer who will explain to the head the legitimacy of the requirements, although this is not possible in all situations.

If the case is too serious, and the conflict has not been resolved, it remains to file an application with the prosecutor's office. It is better to enlist the help of a lawyer so that you can correctly draw up an appeal the first time and provide the necessary documents. When a violation actually occurred, then with the help of official papers or an investigation, it will be possible to prove this fact. Further actions depend on the specific case, the punishment is determined in accordance with the law.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write a question in the form below:

To exercise control in the garden partnership, the following methods are used:

- audit is a set of measures to control all the actual activities of SNT, aimed primarily at verifying the legality, economic feasibility and reliability of business transactions and such control is carried out, as a rule, together with intradepartmental control organized by the financial state body.

– audit is an independent examination (audit) of accounting in an organization, the state of accounting, the solvency of an organization, as well as advising on accounting and taxation;

- thematic audit - verification of a certain area of ​​​​accounting, this may be a verification of accounting for fixed assets, control over the safety of cash or inventory items.

1. Commission for monitoring compliance with legislation in the SNT

Article 26 of Law No. 66-FZ provides for the creation of a commission in gardening partnerships to monitor compliance with the law, for example, a commission on electricity issues. It is advisable to create such commissions in partnerships that have a workable board.

1. Audit of the garden partnership

Article 25 of Law No. 66-FZ establishes that the entire financial and household. activities of a horticultural or dacha non-commercial partnership, as well as the activities of its chairman, the activities of members of its board are subject to control by the audit commission, selected from among the members of this association. The Audit Commission is elected at a general meeting of members of the SNT for a period of two years, consisting of at least three people, of which at least one must understand accounting and tax legislation.

The audit commission cannot include the chairman and members of the board, as well as their immediate relatives and spouses.

The audit commission of the SNT (horticultural, horticultural, dacha association) has responsibilities for:

- verification of the implementation by the board of the SNT and the chairman of all decisions taken by the general meeting of this association;

— verification of the legality of civil law transactions made by the management bodies of the partnership;

- audit the financial and economic activities of the association, the state of availability and safety of its property at least once a year (or more often - at the request of members of the audit committee or by decision of the general meeting);

- control the timely consideration by the board and the chairman of the partnership of incoming applications from members of this association.

The audit commission, based on the results of the audit and on the comments identified during the audit, is obliged to report to the general meeting of summer residents and provide detailed recommendations on the elimination of all identified violations.

If the results of the audit reveal the possibility of a threat to the interests of the members of the partnership or reveal obvious abuses on the part of the members of the board and the chairman of the board, the audit commission has the right to convene an extraordinary meeting of the members of this association.

1. Audit in horticultural non-profit partnerships (SNT)

Like many non-profit organizations, horticultural societies and partnerships are subject to mandatory audit by decision of higher authorities.

(these include state ones), as well as an initiative audit at the discretion of the management of the horticultural non-profit partnership (SNT).

Conducting audits (audits) of a garden partnership is dictated by Law No. 307-FZ “On Auditing” dated December 30, 2008. Most often, state bodies act as initiators of audits in SNT.

An audit in a garden partnership will also be necessary if such an association carries out any business activity or receives significant earmarked funds for the conduct and implementation of various activities, or in some other cases.

During the audit in SNT, auditors carefully study the entire document management system of the audited partnership, get acquainted with the organization of accounting in this SNT in order to comprehensively analyze its activities and identify the strengths and weaknesses of the accounting system in this company. Particular attention is paid to checking the compliance of the accounting system in the SNT with the current requirements of regulations and auditing the statutory activities of the horticultural partnership.

The main aspects when conducting an audit of a garden partnership are:

- estimates of income and expenses of the horticultural partnership. Here, the auditor checks how correctly and in full the funds received as a result of the activities of the partnership are reflected. This includes funds received from entrepreneurial activities and government funding for various purposes and activities;

- constituent documents of SNT. The charter of the partnership must contain information on the size of share contributions of members of the SNT, information on the procedure for distributing profits and losses, and other information. The auditor checks to what extent the information contained in the constituent documents of the SNT is observed and corresponds to the available facts;

— financial (accounting) reporting. Audit of the reporting procedure. The correctness of the balance sheet and f. No. 6 “Report on the intended use of the funds received” are checked (if the organization submits it to the tax authorities);

– audit of compliance with the terms of contracts, timely fulfillment of all obligations under them, audit of settlements on existing debts, on the fulfillment of obligations to the state;

— audit of accounting of property of horticultural associations. Verification of property accounting documents - write-off, damage, audit reports and other accounting documents;

— tax audit of horticultural associations. The correctness of the calculation of tax and other payments from the point of view of legislation, the completeness of their reflection in tax and accounting, their timely payment to the budget are checked;

– verification of the correctness of maintaining separate accounting for statutory activities and commercial.

The most common mistakes encountered during the audit of a horticultural non-profit partnership (SNT):

1. Mistakes in the execution and maintenance of constituent documents. An error is recognized as not reflecting or incompletely reflecting in the charter those types of activities carried out by this partnership. It can be a business or other income-generating activity. A violation will also be considered the absence in the charter of the SNT of information on the procedure for paying membership fees, on the official duties of employees of the SNT;
2. Errors in maintaining primary documentation: incorrect, incomplete execution of primary documents. Some details provided for by the standards are missing (see Law No. 129-FZ, which sets out the requirements for documenting business transactions);
3. Failure to comply with the established deadlines and procedures for conducting an inventory, errors in the procedure for conducting it;
4. Incorrect compilation of correspondence of accounting accounts, violation of the sequence of reflection of transactions performed.

Many horticultural, horticultural and dacha partnerships do not keep separate records for the main (statutory) activity and for the income-generating entrepreneurial activity used. This is considered to be a significant and fairly common error in CNT audits. Accounting for entrepreneurial activities is mandatory for all horticultural non-profit partnerships (if SNT is engaged in commercial activities) and must be properly executed in accounting documents and registers.

REMINDER TO A MEMBER OF A GARDENING NON-PROFIT PARTNERSHIP

The leaflet is based on the current norms of the legislation of the Russian Federation on the legal status of horticultural non-profit partnerships (SNT) and on the rights of their members.

Currently, the legislation of the Russian Federation comprehensively and comprehensively regulates the main organizational, property, land, financial, urban, housing, labor and other relations arising in the course of horticultural management.

Nevertheless, it is in this sphere of land use and recreation of citizens that there is a lot of arbitrariness and gross violations of the rights and legitimate interests of gardeners. Facts of violation of the rights of gardeners directly in the associations themselves have become a common phenomenon. This is, first of all, non-observance of the norms of democratic management of the partnership established by the Law, deliberate concealment by the board from the members of the partnership of information about the actual expenditures of monetary and other funds of the partnership, about the intended use of these funds, the arbitrary establishment of membership and other fees, the conduct of various transactions that cause financial and material damage to the partnership. At the same time, gardeners sometimes do not fully fulfill their obligations stipulated by the legislation of the Russian Federation, the Charter and internal regulatory documents of their SNT.

This leaflet aims to provide the members of the partnership in the most accessible form with the necessary legal knowledge that would allow them to effectively protect their rights and legitimate interests and prevent their violation, as well as conscientiously fulfill their duties.

1. Horticultural non-profit partnership

The law that directly determines the legal status of a horticultural non-profit partnership is the Federal Law of April 15, 1998 N 66-FZ \"On horticultural, gardening and country non-profit associations of citizens\".

The main governing document of a horticultural non-profit partnership is the Charter of the partnership, approved by the general meeting of its members (Article 16 of Law No. 66-FZ).

2. Membership in a horticultural non-profit partnership

According to Art. 18 of Law No. 66-FZ, membership in a horticultural non-profit partnership is established from the age of eighteen.

Members of the partnership may be minors and underage citizens, to whom the land plots have passed as a result of inheritance, donation or other transactions with land plots. The interests of these persons must be represented by their parents, guardians or custodians in the manner prescribed by the norms of civil and family legislation.

3. Property of horticultural non-profit partnerships, its formation and use

In accordance with Law No. 66-FZ, the property of a partnership as a legal entity is formed from entrance and membership fees of members of the partnership. Common property is formed from earmarked contributions. The same law determines the property liability of the members of the partnership.

4.1. Entry fees

The payment of entrance fees is a prerequisite for the admission of a citizen as a member of the partnership.

The obligation to pay entrance fees rests with all those joining the partnership, regardless of whether they enter again on a general basis or in the place of other members of the partnership (in the case of acquiring a plot by way of sale, inheritance, transfer of membership, etc.).

The fact that their predecessors have once already paid entry fees does not exempt new members from paying them. However, the charter of the partnership may stipulate that members of the gardener's families who jointly farm on the land are exempted from paying entrance fees.

Entry fees can only be paid in cash. Their sizes are established by decisions of the general meetings of the members of the partnership.

Payment of entrance fees is made at a time; their installment plan, as a rule, is not provided.

The main expenses of the entrance fees are defined in Law No. 66-FZ (Article 32) and are associated at the initial stage of organizing SNT with the preparation of design and technical documentation, technical specifications for engineering support, cost estimates and other documents necessary for the coordination and approval of the project and development of the territory of the gardening partnership. They are also spent on the implementation of measures to organize the partnership and on the preparation of the necessary documentation for this purpose (payment for premises for holding a general meeting, publication of the Charter of the partnership, membership books, etc.).

Entry fees are non-refundable. When a citizen leaves the partnership, regardless of the reasons for the departure, the funds contributed as entrance fees are not returned to him.

4.2. Membership fee. Directions of their spending, amounts and terms of payment

Membership fees (cash) are periodically paid by gardeners and spent on needs arising from the economic activity of the partnership: remuneration of employees who have concluded labor contracts with the partnership (accountant, treasurer, cashier, watchmen, electrician and other employees), as well as on payment of current operational expenses (drainage, removal of household waste, road repairs, arrangement of children's and sports grounds, etc.).

The payment of membership fees is a necessary condition for maintaining the rights of a member of the partnership to participate in its activities (to elect and be elected to the management and control bodies of the partnership, as well as to receive information about their activities), to use the services and benefits provided for by the Charter of the partnership.

The frequency of payment of membership fees (once a year, half a year, quarter) is established by the decision of the general meeting. Payment of membership fees on time is a duty of a member of the partnership provided for by Law No. 66-FZ (subparagraph 6 of clause 2 of article 19), failure to comply with which deprives him of the right to use the services of the partnership, and in case of systematic evasion from paying fees, it may become the basis for exclusion from members partnerships.

4.3. earmarked contributions

Target contributions (cash) are established only for members of the partnership. The amount of these contributions and the procedure for their payment are determined by the members of the partnership.

Target contributions are intended for the acquisition and creation of objects of common use property. Such objects include the construction or reconstruction of roads, a water-pressure system, the installation of electric lighting of the site, the arrangement of a reservoir, the construction of a fence, leisure and household pavilions, and other objects.

Target contributions cannot be depersonalized with other funds. Funds of earmarked contributions shall be used only to pay expenses for objects determined by the general meeting of members of the partnership.

According to Art. 4 of Law No. 66-FZ, the common property of the partnership, acquired or created by it at the expense of earmarked contributions, is the joint property of its members.

4.4. The procedure for the formation of a special fund in a horticultural partnership and its intended use

By decision of the general meeting of members of the partnership, a special fund can be created, which consists of entrance and membership fees of this partnership, income from its economic activities, as well as funds provided by state authorities and local governments, enterprises and organizations in order to support gardening partnerships (Article 35 , 36, 38 of Law No. 66-FZ).

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

5. Management of horticultural non-profit partnerships

As defined in Law No. 66-FZ (Article 20), the governing bodies of a partnership are the general meeting of its members (general meeting of authorized persons), the board elected by it and the chairman of the board of the partnership.

Through the aforementioned management bodies, the partnership, as a legal entity, acquires civil rights and assumes civil obligations. The governing bodies of the partnership act in accordance with the law and their Charter.

The law does not allow the establishment of any other formations for the management of the partnership (for example, councils, committees, etc.). Named in Law No. 66-FZ, the structure of the governing bodies of the SNT is the only legal form for expressing the rights and interests of members of the partnership.

In large partnerships, holding general meetings of its members is often extremely difficult, and sometimes impossible. In this regard, the Law gives the partnership the right to hold a general meeting in the form of a meeting of representatives.

Authorized partnerships are elected from among its members and cannot transfer the exercise of their powers to other persons, including members of the partnership.

The articles of association of a partnership must provide for:

1) the number of members of the partnership from which one representative is elected;

2) the term of office of the authorized partnership;

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

4) the possibility of re-election of the authorized persons of the partnership.

5.1. Competence of the general meeting of members of the SNT (meeting of authorized persons)

The competence of the supreme governing body of a horticultural non-profit partnership includes the most important issues of its life.

At the same time, the general meeting of members of the SNT (meeting of authorized persons) has the right to consider any issues related to the activities of the partnership and make decisions on them.

The general meeting of the members of the partnership (meeting of authorized persons) is convened by the board of the partnership as necessary, but at least once a year.

By decision of the board of the partnership, at the request of the audit commission (auditor) of the partnership, as well as at the proposal of the local government or at least one fifth of the total number of members of the partnership, an extraordinary general meeting of the partnership (meeting of authorized persons) may be held.

The board of the partnership 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 the partnership, or the request of the audit commission (auditor) of the partnership to hold an extraordinary general meeting of members of the partnership (meeting of authorized persons) to consider these proposals or requirements and make a decision to hold an extraordinary general meeting of the members of the partnership or to refuse to hold it.

The board of a horticultural partnership may refuse to hold an extraordinary general meeting of members of the partnership if the procedure established by the Charter of the partnership for submitting a proposal or making a request to convene an extraordinary general meeting of its members is not followed.

If the board decides to hold an extraordinary general meeting of the members of the partnership, the said general meeting must be held no later than thirty days from the date of receipt of the proposal or request to hold it. If the board has decided to refuse to hold an extraordinary general meeting of members of the partnership, it informs in writing the audit commission (auditor) of the partnership or its members or the local government requiring an extraordinary general meeting of members of the partnership (meeting of authorized persons) of the reasons for refusal .

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

5.2. Exclusive competence of the general meeting of SNT

Law No. 66-FZ (Article 21) refers the decision of the following issues to the exclusive competence of the general meeting of members of a horticultural partnership (meeting of authorized persons):

1) amendments to the Articles of Association of the partnership and additions to the Articles of Association or approval of the Articles of Association in a new edition;

2) admission to the partnership and exclusion from its members;

3) determination of the quantitative composition of the board of the partnership, 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 the association;

5) election of members of the audit commission (auditor) of the partnership 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 a decision on the partnership's entry into associations (unions) of horticultural non-profit partnerships;

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

12) approval of the income and expenditure estimates of the partnership and making decisions on its implementation;

14) approval of reports of the board, acts of the audit commission (auditor), commission for monitoring compliance with the law;

15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law and members of the partnership.

The listed items (1-15) art. 21, constituting the exclusive competence of the general meeting of members of the partnership (meeting of authorized persons), are intended to ensure the direct participation of all its members in managing the affairs of the partnership.

Members of the partnership, based on the current legislation, and above all on Law No. 66-FZ, independently develop and approve the Charter of their partnership.

The most essential right of the general meeting of members of the partnership is the introduction of amendments and additions to the charter of the partnership, as well as the approval of the charter in a new edition.

The general meeting of the members of the partnership elects not only the board, but also its chairman. However, this does not mean that it can be opposed to rule. Being the chairman of the board, he is obliged to observe the principle of collegiality in resolving issues, remaining accountable not only to the general meeting, but also to the board of the association.

According to the norms of Law No. 66-FZ, the procedure for electing the chairman of the board should be as follows: first, at the general meeting of members of the partnership, the composition of the board is elected (subparagraph 3 of clause 1 of article 21), and then the meeting of members of the board (which is not specified in the next subparagraph 4 of clause 1 article 21) elects the chairman of the board.

Of course, such an order does not allow the members of the partnership, when electing a chairman, to focus on the main official in the association - the chairman of the board.

But the Law also provides another option for electing the chairman of the board of the partnership, a more democratic one. However, in practice this is what happens. The general meeting elects from all members of the partnership first the chairman of the board, who automatically becomes its member, then elects the members of the board of the partnership. And this order does not contradict the meaning of the Law.

Particularly important powers are granted to the general meeting of members of the partnership in the field of financial and economic activities.

These include, first of all, the right to make decisions on the use of the property of the partnership, establish the size of entrance, membership and target fees, approve the income and expenditure estimates and make decisions on its implementation.

The issues of the exclusive competence of the general meeting of the partnership (Article 21 of Law No. 66-FZ) were cited above, among which the approval of the income and expenditure estimates (budget) of the partnership and its implementation occupy only 12th place, although this article is the basis of the financial and economic activities of the partnership .

It is well known that the approval of the estimate is made by the participants of the general meeting of the partnership, as a rule, \"by ear \", which does not allow them to delve into its essence. Apparently, those partnerships are doing the right thing, the Charter of which provides that at least two weeks before the general meeting, the members of the partnership should receive a written report on the implementation of the income and expenditure estimates for the past year and a draft of this estimate for the upcoming financial and economic year. Only after familiarization with these documents of the members of the partnership can a reporting or reporting-election meeting be held.

Notification of the members of the partnership about the holding of a general meeting of its members can be carried out in writing (postcards, letters), as well as by placing appropriate announcements on information boards located on the territory of the partnership.

Notice of the general meeting shall be sent to the members of the partnership no later than two weeks before the date of its holding. The notice of the general meeting of the members of the partnership must indicate the content of the issues submitted for discussion.

The Charter and internal regulations of the partnership may establish the procedure and conditions for absentee voting by poll (Federal Law of November 22, 2000 N 137-FZ). These documents must provide for the text of the ballot for absentee voting, the procedure for informing the 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 completion of the absentee voting procedure.

The general meeting of members of a horticultural partnership cannot be held in absentia if the agenda includes the approval of income and expenditure estimates, board reports and acts of the audit commission (auditor) of the partnership.

The general meeting of the members of the partnership is competent if more than 50% of the members of the partnership (at least 50% of the 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 partnership.

The broad powers granted to the supreme governing body of the partnership in considering and resolving issues in the main areas of economic and social activities that relate to the rights and interests of all its members revealed the need to establish the most democratic conditions in organizing and holding a general meeting of the partnership.

The adoption of the rules of the general meeting of members of the partnership (subparagraph 8 of clause 1 of article 21) helps to ensure an organized discussion and resolution of issues. At the same time, issues of the exclusive competence of the general meeting of members of the partnership cannot be transferred to the permission of the board or its chairman, even by decision of the general meeting itself.

Decisions on amending the Charter of the partnership and additions to the Charter or on approving the Charter in a new edition, exclusion from membership of the partnership, 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 of members of the partnership by a majority of two thirds of the votes.

Other decisions of the general meeting of members of the partnership are taken by a simple majority of votes.

And one more additional guarantee to ensure the legality of the decision of the general meeting of members of the partnership - it must be communicated to its members within seven days after its adoption.

A member of a horticultural partnership has the right to appeal to the court the decision of the general meeting, as well as the decision of the board and its chairman, which violated the rights and legitimate interests of a member of the partnership.

5.3. Board of SNT and its competence

According to Art. 22 of Law No. 66-FZ, the board is a collegial executive body, accountable only to the general meeting of members of the association.

Local authorities do not have the right to interfere in the activities of the board of the partnership, and it is not accountable to them. The Board is exempt from submitting reports to local authorities on the compliance of buildings erected on the sites with established norms and rules, on the intended use of state loans by members of the partnership. It is not the duty of the board to exercise control over the work carried out by the members of the partnership on laying the garden, landscaping its territory, inventory of plantings and buildings erected by the members of the partnership on their plots, which existed in the previous model charters of horticultural partnerships.

The board of the partnership is elected by direct secret ballot from among its members for a period of two years by the general meeting of the members of the partnership, unless otherwise provided by the charter of the partnership. The number of members of the board is established by the general meeting of the members of the partnership.

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.

Meetings of the board of the partnership are convened by the chairman of the board at the time 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 are taken by open voting by a simple majority of votes of the board members present.

The competence of the board includes:

1) practical implementation of decisions of the general meeting of members of the partnership;

2) operational management of the current activities of the partnership;

3) drawing up income and expenditure estimates and reports of the partnership, submitting them for approval by the general meeting of its members;

4) disposal of tangible and intangible assets of the partnership to the extent necessary to ensure its current activities;

5) organizational and technical support for the activities of the general meeting of members of the partnership;

6) 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;

7) organizing the protection of the property of the partnership and the property of its members;

8) organizing insurance of the property of the partnership and the property of its members;

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

10) purchase and delivery of planting material, garden tools, fertilizers, chemicals;

11) ensuring the office work of the association and the maintenance of its archive;

12) employment in the partnership of persons under employment contracts, their dismissal, encouragement and imposition of penalties, keeping records of employees;

13) control over the timely payment of entrance, membership and target fees, contributions to special funds;

14) making transactions on behalf of the partnership;

15) assistance to members of the partnership in the free transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;

16) implementation of foreign economic activity of the partnership;

17) consideration of applications of members of the partnership.

The Board of SNT, in accordance with the legislation of the Russian Federation and the Charter of the partnership, has the right to make decisions necessary to achieve the goals of the partnership and ensure its normal operation.

5.3.1. Does a person who is not a member of the partnership, but has a land plot on its territory, have the right to be elected to the board of the SNT?

Law No. 66-FZ (Article 8) does not provide for the right of citizens who are not members of a horticultural non-profit partnership and run a household on an individual basis to be elected to the board of the partnership. Their relations are built on the terms and conditions concluded in written form of contracts in the manner determined by the general meeting of members of the partnership. At the same time, the meeting establishes the amount of payments for the use of general-purpose social infrastructure facilities (road maintenance, electricity and water supply, landscaping facilities, etc.).

If the rights of\"individuals \" are violated, in particular, the refusal of the board and the general meeting of the partnership to conclude contracts with them for individual housekeeping, these citizens have the right to appeal against such actions in court.

Therefore, the relationship of non-members of the partnership with its governing bodies (board and general meeting) is not of an organizational and legal nature, based on membership in the partnership, but of a civil law nature, which is based on contractual relations.

In this regard, Article 22 of Law No. 66-FZ clearly establishes that the board of a horticultural non-profit partnership\"is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such a partnership\".

However, the foregoing does not mean that citizens engaged in gardening individually on the territory of the partnership should be excluded from the activities of the governing bodies of this partnership. They have the right to participate in general meetings of members of the partnership, to express their opinion with the right of an advisory vote, to participate in the work of commissions.

5.4. Powers of the Chairman of the Board

The board of the horticultural non-profit association is headed by the chairman of the board, elected from among the members of the board for a term of two years. According to Art. 23 of Law No. 66-FZ, the powers of the chairman of the board are determined by this law and the Charter of the partnership. 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.

The chairman of the board of the partnership acts without a power of attorney on behalf of the partnership, including:

1) chair the meetings of the board;

2) has the right of first signature on financial documents that, in accordance with the Articles of Association of the partnership, are not subject to mandatory approval by the board or the general meeting of members of the partnership;

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

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

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

6) ensures the development and submission for approval by the general meeting of members of the partnership of the internal regulations of the partnership, the provisions on the remuneration of employees who have concluded labor contracts with the partnership;

7) carries out representation on behalf of the partnership in state authorities, local governments, as well as in organizations;

8) consider applications of members of the partnership.

The chairman of the board of a horticultural non-profit partnership, in accordance with the Charter, performs other duties necessary to ensure the normal operation of the partnership, with the exception of the duties assigned by the Law and the charter of the partnership to other management bodies of the partnership.

5.5. Responsibility of the chairman of the board of SNT and members of the board

In accordance with Art. 24 of Law No. 66-FZ, the chairman of the board of a horticultural non-profit partnership and members of its board, in the exercise of their rights and the performance of established duties, must act in the interests of the partnership, exercise their rights and perform the established duties conscientiously and reasonably.

As for the liability of the chairman of the board and its members, Article 24 of Law No. 66-FZ provides that for their unlawful actions they may be subject to disciplinary, material, administrative or criminal liability in proportion to their fault.

The fact is that Law No. 66-FZ gives the board broad rights to dispose of the tangible and intangible assets of the partnership, to execute the income and expenditure estimate approved by the general meeting, to make civil law transactions on behalf of the partnership, to organize the construction and maintenance of public facilities, to accept work under labor contracts and other equally important rights, up to the implementation of foreign economic activity.

Given the extensive rights of the board to dispose, as a rule, of large monetary and material resources, the legislator establishes the personal responsibility of the chairman and members of the board for the performance of their duties in the interests of the partnership in good faith and reasonably.

And here the provision of paragraph 2 of Art. 24 of Law No. 66-FZ, which establishes that the chairman of the board of a horticultural non-profit partnership, members of its board are liable to the partnership for losses caused to it by their actions (inaction). At the same time, the members of the management board who voted against the decision, which caused losses to the partnership, or who did not take part in the voting, are not liable.

The issue of responsibility for the unlawful actions (inaction) of the chairman and members of the board that caused property damage to gardeners can be raised directly by the members of the partnership at a general meeting or by contacting the executive authorities or law enforcement agencies. But, of course, the most responsible role belongs to the audit commission of the partnership, and the prevention of abuses in the financial and economic activities of the board of the partnership largely depends on its effectiveness.

5.5.1. What is the procedure for compensating for material damage caused to members of the partnership by unlawful actions of its board?

Civil law under the material damage understands the damage caused to property, as a result of which there is its cost reduction or loss.

There are two main types of damage that caused material damage to a dwelling:

1) due to the unlawful behavior of the tortfeasor, his action or inaction;

2) as a result of causing harm to the living quarters through negligence.

For the culpable infliction of harm, as a general rule, there is tort liability. A delict means any violation in civil legal relations that do not constitute criminal acts. Tort liability entails only the obligation to compensate for the damage caused.

According to Art. 401 of the Civil Code of the Russian Federation, guilt is expressed in the form of intent or negligence. Intent is understood as the foreseeing of the harmful result of unlawful behavior or the conscious assumption of the occurrence of such a result.

Negligence is expressed in the absence of the care, foresight, and care required under certain circumstances. Article 1083 of the Civil Code of the Russian Federation distinguishes between gross and simple negligence, and their assessment determines the degree of fault of the person and the amount of compensation for the harm caused.

Very often, damage is caused by employees hired by the board in the performance of their labor (service, official) duties. Citizens performing work on the basis of an employment agreement (contract), as well as citizens performing work under a civil law contract (for example, under a work contract), if they acted or should have acted on the instructions of the relevant legal entity (in in this case, a horticultural non-profit partnership) or a citizen and under his control over the safe conduct of work.

For example, under an agreement with a partnership, a contractor performed road construction work, while causing significant damage to the fences of gardeners' plots and fruit trees located on them. In this case, the damage to the injured gardeners is compensated in full by the board of the partnership, which, in turn, makes appropriate demands on the contractor performing the work. However, the payment of compensation to gardeners for the damage caused to them does not depend on the outcome of the proceedings between the partnership and the contractor.

5.5.2. Does the board of the partnership have the right to increase the tariff for payment for electricity from the members of the partnership in comparison with the tariff established by the energy sales company, and does the board have the right to turn off the electricity from the owner of the site for non-payment of membership fees?

It is completely illegal if the board charges the members of the partnership for electricity at tariffs exceeding the amounts established by the regional commissions for energy resources. If this happened, then the sums of the search should be taken into account in subsequent calculations for electricity with members of the partnership, and those responsible for the violation should be held liable in the manner prescribed by law.

The supply of electricity to the consumer may be completely or partially interrupted in the following cases:

1) unsatisfactory condition of the electrical wiring and failure to comply with the requirements of the person responsible for the electrical facilities of the partnership to eliminate the identified violations;

2) connection of current collectors in addition to the meter or violation of electricity metering schemes;

3) preventing officials from checking the condition of the consumer's electrical installations or electricity devices;

4) non-payment of the payment document for electricity within the established time limits. For these violations, power is cut off after a preliminary warning to the consumer and only in cases where he has not eliminated the violations within the prescribed period.

For other violations of the Charter of the partnership, in particular for non-payment of membership fees, the board is not entitled to use the power outage as an impact on the non-payer, since payment for electricity is made by gardeners separately, i.e. in addition to the established membership fees.

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;

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

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

19) approval of the draft planning of the territory and (or) the draft survey of the territory of the horticultural, horticultural or dacha non-profit association.

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

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

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

The board of a horticultural, horticultural or dacha non-profit association is obliged, within seven days from the date of receipt of the proposal of the local government 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 the holding of 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.

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