Is the chairman of the snt an official. Are the chairman and members of the board of the horticultural non-profit association officials? Elections and re-elections of the chairman of the SNT

"Renaissance" in the eponymous SNT

The horticultural association "Veteran-3" - "Vozrozhdeniye" has actually existed since 1995, when land was allotted for gardening, for 107 families on 8.53 hectares. In the form in which it is now, the SNT was legally formalized on November 30, 2005.

The Constituent Assembly was held on November 20, 2005. There are said to be 55 people present. The registration list, which should contain 55 authentic signatures, is not shown to gardeners. In our partnership and on warm May days in 2008, 2009. so many people were not recruited at general meetings, and in 2005 "Veteran-3" - "Renaissance" did not look at all like it does now. It was practically a wasteland with five houses and ten gardeners.

The current treasurer and chairman, being outsiders, assumed their positions and were elected to the board by the decision of the meeting on November 20, 2005, without even being (as far as I know) ordinary members of the SNT.

During the four years of their leadership, there were two notable deeds: filling the road in 2006 and installing poles (about 20 pieces) in 2007, 2009. It is not much work to buy crushed stone - I called and they brought it, and even supervised it for a day or two, showing where to pour it. It's the same with poles. For each of these "labor feats", taking into account laziness, 2-3 days are required (let's say a week), and this is not enough for a four-year paid term.

According to V. Zolotova, in four years "great organizational work to revive the partnership". It is difficult to understand what exactly this work expressed. The situation in the partnership has been brought to an obvious split. There is no adequate list of members of the SNT, the exact number of polling stations is unknown, the minutes of general meetings are forged, and attempts to conduct a clear audit end with a purge of the audit commission, followed by a public scolding of its most zealous members.

Newcomers who appeared in our fellowship after 2005 apparently believe that all the benefits of civilization available to us happened as a result of the merits of B. and P., and without them everything will collapse. Back in 2004, when neither B. nor P. was even in sight, I had water, my neighbors had electricity. And the pond, and the transformer, and the pipe on the main street - all this was. We paid (who used electricity or water) ~ 50 rubles from a hundred part of the membership fee.

With the chronic illegitimacy of the meetings convened by B. and P., them claims for management and collection of contributions generally look like a raider takeover. Now things have come almost to a madhouse, in the prevailing atmosphere, when some gardeners quietly hate others, it is more appropriate to talk about the death of the partnership, and not about its revival.

The price of a pole for a gardener

The history of my legal relationship with horticulture begins like this. The contribution of 15,000 rubles from each site for the construction of an overhead line (overhead power line) on wooden poles, established in our SNT, is mockingly overpriced. The name of this contribution - "for connecting" to the poles - is generally puzzling. In SNT, property is acquired jointly, and there can be no "connections" here - there can only be a target contribution for specific property according to a specific estimate, since SNT is precisely a PARTNERSHIP, and not a commercial store.

There is no question of paying by gardening for technological connection to electric networks, which could cost hundreds of thousands and even millions of rubles. The transformer has long been installed and connected. It's about the poles. One wooden pole (with wires, with installation) costs about 10,000 rubles, and even cheaper. 4 plots receive electricity from one pole. Accordingly, the targeted contribution for the construction of overhead lines should be 2500 rubles, even 5000 (taking into account the vital needs of the chairman). But not 15,000 rubles in any way - this is already a clear bust.

In 2008-2009 in the papers "Veteran-3" - "Renaissance", also in the membership books of gardeners who hurried to give these 15 thousand rubles, the fee "for connection" to the poles fit in, and only in words the chairman and treasurer used the expression "target contribution" to the poles . You can try to guess the meaning of such verbal juggling. The target contribution involves the creation of property, the value of which is equal to the sum of all targeted contributions, with the ensuing possibility of raising the question of the compliance of the size of the trust fund (collected funds) with this very property. The "connection" fee to the poles is a service that is difficult to evaluate, and the threat of the audit committee raising uncomfortable questions in this case becomes less obvious. Especially if the audit commission consists of the neighbors of the chairman and the treasurer. The meeting approved the connection for 15,000 - and fuck off, dear gardeners, nothing was written about the property anywhere.

The feeling that neither the chairman nor the treasurer would simply give me any papers regarding these 15,000 rubles "for connection", I had from the very beginning. So I wrote a letter (something like this: I ask you to send me copies of the minutes, estimates for the contribution to the poles) and sent it to the chairman, as a registered letter with a return receipt. As expected, within a month I did not receive copies of the requested documents or a motivated refusal to provide them. Accordingly, the issue has already moved to the judicial plane, since the legally guaranteed right of a member of the SNT to receive information about the activities of his partnership was violated (Article 19, paragraph 1, paragraph 2, Article 27, paragraph 3 No. .

Mistakenly believing that the chairman of the SNT is an official, I applied to the prosecutor's office by mail with a statement on the topic that in our partnership it is proposed to pay 15,000 for poles without providing any documents substantiating this amount. The application was sent to the police, they explained that an audit commission should work on the issue of theft in the SNT, and there is a civil court on the issue of non-issuance of papers by the chairman. Then I received a decision not to open a criminal case (see Decree).

"Contribution for connection to electricity networks"

Since the board does not have the authority to set any payments, and the need to pay 15,000 was taken quite seriously, I sent to court Statement of claim for the recognition of partially invalid minutes of the meeting of members of the Board of SNT .

In response, my opponents began trying to get a 15,000 electricity connection through the meeting. The first attempt failed. There were about 40 people (May 10, 2009), and the people did not support the connection. Then the treasurer announced that the meeting had not taken place and everyone needed to meet again in a week.

A week later (more precisely, after 6 days - May 16, 2009) everything was ready for the triumph of the minority over the majority. Only 15-20 people were present (according to those who saw it), and powerful fire support was called in - the boss from the regional union of gardeners, who announced that our chairman was not only a fine fellow, but also quite worthy to be the head of all the surrounding gardening associations. Despite the tricks, the position of the people at this meeting was not unanimous.

The result of the May 16 meeting was Minutes 16.15.2009 No. 1, in the registration list of which there are more than 40 (!) names and all (without exception) decisions are recorded as unanimously adopted, including "a fee for connecting to power supply networks of 15,000 rubles." The chairman of the board dragged this false protocol to the court as proof of the legality of electric levy from gardeners.

They were also handed over to the court:
Estimated work on the installation of poles and email. installation ,
Calculation of costs for connection to power supply networks ,
Information about my debt .

As for my non-payments, the chairman and his representatives constantly notify the court. They want to present the case in such a way that the defaulter does not have the right to go to court with claims against SNT.

The estimate for the installation of poles was drawn up in 2007 and in the same year it was executed in terms of collecting money. As regards the execution of works, this estimate has not been fulfilled to this day, since there are no lamps and light bulbs on the poles. In 2009, money for poles was collected again under the 2007 Estimate, moreover, taking into account a hypothetical increase in prices by one thousand rubles (see Calculation).

At a meeting on May 10, 2009, gardeners were informed that the work "to install poles and wires" rose in price from 2007 to 2009 from 10,000 to 15,000 rubles per pole. But it's in words. In fact, i.e. according to the Calculation, the value of the "connection" fee increased from 10,000 to 15,000 rubles not at all due to a rise in price, but mainly due to the fact that "connecting" in 2009 are obliged to pay, as an integral part of the "connection" fee, 4,000 rubles for a certain electric meter (which costs 15,000 rubles).

Our unfortunate gardeners will have to buy this electric meter twenty times in a row. Count yourself. We have about 80 "unconnected" people. Each gives 4000 per counter. In total, as a result, money is collected for the purchase of as many as twenty electricity meters, with the need for one.

Many thanks to everyone who supported me and acted as a witness for me in court.

Cassation complaint of the chairman

Consideration in the regional court of the cassation appeal took place on March 31, 2010. The appeal was denied, and the decision of the court of first instance was left unchanged. The decision of the court of first instance entered into force from the moment the decision of the court of cassation was announced orally.

Again fraud with signatures and votes

In March 2010, I learned about the "absentee vote for the exclusion of Okhapkin." In May, I was informed that 40 signatures had been collected from gardeners who "voted" for my expulsion. I put the word "voted" in quotation marks because I myself saw this signature sheet at the meeting on May 16, 2010. The list consisted of three (!) names, and all three of the signatories were against my expulsion. The answer to the question "where are the 40 names?" there was muttering that the former list was wrong.

The calculation was, as I understand it, to walk around the gardeners and show them the "fact" that Okhapkin practically out of the question and so it will be with everyone who blathers too much.

More truly than the fake list for my expulsion, the gardeners' aspirations for the future of our fellowship reflect the voting results of the May 16, 2010 meeting. P. was not re-elected to the post of treasurer. The chairman, according to the eyes, was also not re-elected. By my count, he won the votes of less than half of those present at the meeting. However, his associates led the meeting and counted the votes. They declared that B.'s re-election as chairman had taken place.

I have an extract from the minutes of the meeting held on May 16, 2010. This excerpt is so remarkable that I cannot but quote it. This extract says that B. was elected to the position of Chairman of the Board unanimously. Moreover, contrary to the extract, at the meeting on May 16, 2010, Panova was not the chairman, Kazantseva was not the secretary. I saw Elzezer's signature more than once, what is scrawled on the extract - "Elzezer V.B." - Elsezer's signature is not. Here it is, the position of the board - they wanted to spit on the will of the gardeners, on voting and other facts of the meeting. They just write what they want in the protocols and extracts.

Board and Chairman of the Board

There is an opinion that the current chairman "entered the course and figured out the situation." Not only entered, but also continues to successfully deepen in his course. The price "for connection" to irrigation water (again "connection", whatever it is) was offered in May 2009 in the amount of 2,500 rubles, in August 2009 - 4,000 rubles, and in May 2010 - 7,500 rubles. I would say that the chairman did not get into the course, but into the taste, since his appetites are growing very quickly.

And it's not about the chairman at all. The fish rots from the head. The first head in the SNT is the general meeting, the second head is the board. And the chairman, by and large, is nothing more than a representative of the meeting and the board and the executor of their decisions. Under a sane board, the chairman can be anyone, even a complete fool, from whom in this case only diligence and free time, coupled with the desire to spend this time for the good of the partnership, will be required.

Special mention should be made of the inability of our government to perform the functions assigned to it. The way they lay the pipe for the irrigation water supply, I can’t call it anything other than engineering idiocy. The pipe is led along the street, from one side and the other of each garden quarter, but it would be necessary to lead it along the boundary, i.e. in the middle of the block. When laying a water pipe along the street, the total length of the pipes, together with the costs of laying and operating them, doubles. By the way, on the old plan "Veteran-3" - "Vozrozhdenie" the path for the pipes was already marked, and it was marked exactly in the middle of the blocks of garden plots.

The actual costs for laying an irrigation water supply and the corresponding quarterly target contributions are given in my Welding costs are calculated from the prices of a construction organization, which is expensive, when hiring your own welder, the target contribution for water supply can be significantly reduced.

At a meeting on May 16, 2010, on the issue of appointing a salary for the chairman for the winter period, the following substantiation, brilliant in persuasiveness, was proposed: "he comes here in the winter." I know several gardeners who come to garden in the winter. Probably, they should also be paid a salary, otherwise it somehow turns out unfairly. Many come, but only one gets the money for all.

More judgments

In January 2010, the chairman of the board wrote in his appeal: "Okhapkin D.N. not only does not want to pay contributions to the SNT, but even without paying money to the SNT, he wants to provide his site with electricity". It must have come true...

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 dated April 15, 1998 (hereinafter referred to as the law on gardeners), a garden land 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 withdraw land quickly and without compensation for the cost of property 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 land plots located on agricultural land) 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 on public authorities the responsibility 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 ordinary, 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 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 committee) 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 targeted 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 agreement of the 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 surveying does not exceed one minimum size of the land plot provided in this constituent entity of the Russian Federation for the purposes of gardening (for a garden plot), maintaining a summer cottage 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 building spot area 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 exclusion 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 amount of the entrance 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 amendments to 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 the 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 exclusion is carried out by a qualified majority of the votes 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 target contribution for the creation of an infrastructure object 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 the 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 SNT 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 - 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 (dacha) associations of citizens, buildings and structures”, which is included in the List of National Standards and Codes of Rules, approved by Decree 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 common 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.

Sacred for Russians throughout the life of more than one generation. The activities of associations of gardeners and gardeners are regulated Federal Law No. 66, which was adopted in the country in 1998. According to this law, all summer cottages partnerships are non-profit associations, have their own Charter and governing body general meeting, which elects the Board, its Chairman and . To create them, you need the desire to unite at least three citizens who decide on the creation of SNT.

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

The main document of the SNT, which regulates the activities of the association - Charter. It is approved and accepted by . It is based on a standard form, which is adjusted in accordance with local characteristics. All provisions of the Charter must comply with the requirements of the current legislation. The document describes the management structure of the company, terms and procedure for their election, rights and obligations, as well as goals, objectives and internal regulations of the SNT. The purpose of creating non-profit partnerships of gardeners and gardeners is to unite collective efforts to solve social and economic problems. created to address urgent issues. They keep records on the expenditure of funds of a non-profit association, are engaged in the allocation of land owned by SNT, garbage collection and other issues related to the organization of the life of holiday villages and cooperatives.

Features of the election of the board of the partnership

Such documents are subject to mandatory accounting and storage. The form of voting when choosing the board of the SNT is secret unless otherwise provided in the Articles of Association. The law prohibits the election of members of the Board open vote. The law establishes a term for electing the management body of the partnership. It is limited to two years. The number of members of the Management Board is determined by the general meeting during the formation of the Charter of the company and is fixed in its provisions. The same document determines the number of members of the Audit Commission and the procedure for its election.

Re-elect the bodies of the Management Board of the company possible by convening members of the society. Its initiators can be at least 1/5 SNT participants or Audit Commission. A refusal to hold such a meeting, in accordance with the current legislation, may be a violation of the procedure for convening. This procedure is established in the Charter of the partnership. In the absence of violations, the meeting must be held within 30 days from the date of the decision to convene it.

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

Powers of the Board of the Association

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

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

The Board carries out operational management of the activities of the non-profit association and may be involved in planning its economic activities. It draws up cost estimates for the necessary costs, manages the assets of the SNT within its powers, which are described in the Charter. The responsibilities of the Board include the organization of accounting and execution of relevant reporting of the community, as well as other issues.

The decision and activities of the SNT Board can only be directed towards the fulfillment of the goals determined by its members. All of them must comply with the current legislation of the Russian Federation. On the Board members and Chairman responsible for its implementation and control over compliance.

Rights and obligations of the chairman of the board of a horticultural (dacha) partnership

Rights and duties of the Chairman The board of the SNT is dedicated to . Along with the specified norm, the legal status of the Chairman is determined by the Charter of the partnership.

Based on the Charter, the Chairman may act on behalf of the partnership. To do this, he does not need a power of attorney from SNT. The constituent documents of the society give the Chairman the right to sign all documents related to the financial and economic activities of the SNT. The competence of the Chairman of the Management Board includes the conclusion of transactions and agreements, which may be of a different nature. The main duty of the Chairman is to observe the interests of the SNT, promptly solve current problems and take care of the normal activities of the association.

Responsibility of the Chairman of the Board of the Association

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

Conclusion:

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

The most popular questions and answers to them at an extraordinary meeting of a horticultural (dacha) partnership

Question: Hello, my name is Elena. Members of the SNT annually collect funds for the partnership. The sums are rather big, but there are no tangible deeds. How can I check the spending of the collected funds?

Answer: Hello, Elena. The Chairman of the Board of SNT must report annually on the financial and economic results of his work. If this does not happen, then each member of the partnership has the right to apply to the court with statement of claim about being forced to do so. If the activities of the Chairman prove to be illegal and harm the CNT, he can be held liable and compensate for the damage caused to the partnership.

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

Article 285. Abuse of official powers

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

shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by arrest for a term of four to six months, or imprisonment for up to four years.

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

shall be punishable by a fine in the amount of 100 thousand to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or by deprivation of liberty for a term of up to seven years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. years or not.

(as amended by Federal Law No. 162-FZ of 08.12.2003)

3. The acts provided for by paragraphs 1 or 2 of this Article, which entailed grave consequences, -

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

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

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

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

4. Civil servants and employees of local self-government bodies, who are not among the officials, bear criminal responsibility under the articles of this chapter in cases specially provided for by the relevant articles.

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

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

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

The main goal and reason for the formation of SNT is to unite people to jointly solve issues and problems of economic activity, social, technical and material support.

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

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

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

Chairman of the SNT

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

Hierarchy of power:

• general meeting of all participants-gardeners;
• assembly of delegates;
• board - executive power, accountable to the meeting of the SNT;
• chairman - head of the board.

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

The service instruction is formed at the general meeting and correlates with the provisions of 66 of the Federal Law, adopted in 1998 on April 15. The law applies to SNT, as well as dacha and horticultural NGOs.

The current law must be studied by every gardener - in order to get a clear idea of ​​\u200b\u200bhis rights and obligations, the status of his SNT and the rights and obligations of the chairman of the partnership.

The board, respectively, and the chairman, are elected in accordance with the rules of the charter of the partnership for 2 years. Members of the body are elected by secret ballot. The number of board members is not regulated by law and is determined by the meeting at its own discretion and in accordance with the charter.

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

Responsibilities

The head of the board of the SNT must comply with his competence - be aware of the peculiarities of managing a garden partnership and have administrative skills.

He is obliged:

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

The head of the board must not only comply with the specified points, but also monitor their observance by other members of the board.

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

Job description

The document is drawn up at the general meeting of the SNT members and is attached to the minutes. The chairman gets acquainted with his instruction, which is signed in the receipt or agreement.

If it is necessary to make changes to the instructions, then the adjustments are also discussed at the general meeting of the team and are accepted with the consent of the participants.

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

Instruction points:

• participate in board meetings as chairman;
• approve documents;
• issue powers of attorney on his own assurance;
• open settlement and other accounts in credit institutions;
• to make deals;
• to monitor and control the execution of decisions of the supreme body of the SNT - a meeting of all members;
• ensure regular inspection of engineering systems, communications, equipment and machinery;
• ensure periodic inventory and valuation of property on the balance sheet of the partnership;
• interact with housing and communal services and providers of services and goods for SNT;
• exercise control over compliance with the obligations of the partnership to counterparties and counterparties - to the partnership;
• identify facts of violation of the order, orders and take actions to eliminate and prevent them;
• act as a representative of the SNT in various public and private organizations;
• ensure technical, fire-fighting, sanitary-hygienic and other types of security on the territory of the SNT, administer the elimination of accidents and their consequences, actions during accidents;
• control the lawful taking of readings of measuring instruments for public housing and communal services and their timely dispatch to public utilities to avoid delays and penalties;
• administer the gardeners' information message system about upcoming events - shutdown of housing and communal services systems, changes in legislation, convening a general meeting, etc.;
• receive applications from members of the SNT and give answers to them;
• prepare quarterly and annual activity reports and plans for further goals and objectives;
• to ensure the implementation of legislative norms - on office work and document management of NCOs;
• check the accounting data and the work of the accounting department of SNT;
• organize periodic receptions of participants-gardeners;
• observe the confidentiality of data in accordance with the charter of the company;
• control the timely transaction of all necessary payments - salaries, fiscal deductions, debts to suppliers and contractors;
• perform other duties.

How to shift?

• own desire of the chairman;
• refusal to hold meetings and meetings;
• absence from work for more than 10 days without valid reasons;
• intentional damage to SNT;
• non-execution of lawful decisions of the SNT meeting;
• refusal to provide reporting documents.

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

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