The federal law in Russia on horticultural, gardening and dacha associations that citizens can join, No. 66, was adopted back in 1998 in April. Over the past 20 years, many changes have occurred in the country’s economy; many regulations have been issued regarding land ownership, etc.
Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
Given that most plots were allocated to members of a non-profit association many years ago, many provisions of the Law are outdated and cannot be applied in accordance with other legislation issued in Russia in recent decades.
Yes, according to Russian legislation a citizen can take use or purchase land for exploitation in personal purposes, − this is the cultivation of agricultural crops, fruits and berries, recreation in the summer.
Depending on the intended purpose of the common territory and the permitted type of use of the land where the non-profit association is located, specific plots can be gardens, vegetable gardens, or summer cottages.
There are also lands located near populated areas that are given (sold) to citizens for residential construction. It is assumed that the owner will erect a capital building, improve the site and live there permanently.
Thus, suburban-type settlements arise. But the areas about which we're talking about in Federal Law No. 66, are intended specifically for use in the summer.
The buildings on them are allowed to be made temporary, that is, not capital, without the possibility of permanent residence. But the land user can obtain permission to erect a permanent building and even register in a dacha, where he will live all year round.
Description of the normative act
An important component of a gardening, horticultural or dacha association is not making a profit from the exploitation of the land and not distributing it among members. This is exactly what is meant by a non-profit association of citizens (Civil Code, Article 50, paragraph 1).
According to the law, such a non-profit association (NO) can be a partnership or a partnership, or have the form of a consumer cooperative. But it is precisely these associations that have the form non-profit partnership and are abbreviated as garden, garden, dacha (SNT, ONT, DNT).
These partnerships are established on a voluntary basis, when all members have the opportunity to solve common social and economic problems.
This act No. 66 regulates the relations and activities of citizens who are engaged in gardening or horticulture, or who run dacha farming.
In addition, their legal relations are regulated by the norms of other federal laws and codes:
- Land;
- Civil;
- Urban planning.
In the Civil Code, specifically from Art. 123.12 to 123.14 talk about partnerships in which citizens are owners of real estate, this is not only land, but also housing.
The Supreme Court also indicates that when considering disputes related to non-profit partnerships, one should be guided by the provisions of the Civil Code, Federal Law No. 99 (05.14.14)
Basic Concepts
The law is divided into several chapters. In Chapter 1, Article 1, the legislator gives basic concepts about things, what are:
| Land plot | In any case, you can grow fruits, berries, vegetables, melons, agricultural crops and potatoes on it, as well as relax. Additionally, outbuildings and residential buildings can be erected on the land.
|
| Contributions voluntarily donated by members of the association for general needs |
|
| Property and common land | These are things that are designed to meet the common needs of the members of the association. This could be a water and gas pipeline, an electrical network, a playground, a water tower, an entrance gate, a common fence, a fire-fighting structure, etc. |
Structure and key points of the Law
Structure of Federal Law 66 o gardening associations V latest edition 2019 can be viewed as follows:
| Chapter 1 | “General Provisions” consist of 3 articles. In the article:
|
| Chapter 2 | The forms of farming are discussed in 8 articles, in:
|
| Chapter 3 of the old Law | There is talk about providing land for farming. In the articles of this chapter the legislator says:
Art. 12 and 15 of this chapter are no longer valid. |
| Chapter 4 | Describes how associations are created and what the rights and responsibilities of their members are. In the article:
|
| Chapter 5 | Tells how BUT should be managed. In the article:
|
| Chapter 6 | Lost power. |
| Chapter 7 | Describes how the development of the territory of a non-profit organization is organized. Her articles say:
Art. 33 has become invalid. |
| Chapter 8 | In it, the legislator points out specific measures on the part of the government to support members of non-profit organizations and the partnerships themselves. The articles in the chapter cover:
|
| Chapter 9 | How can reorganization and liquidation of non-profit organizations be carried out? The chapter's articles cover:
|
| Chapter 10 | Explains how the law protects the rights of non-profit organizations and its members, what responsibility is imposed for violation of the law by an association:
Articles 48 and 50 are no longer in force. |
| Chapter 11 | Final provisions. |
What were the latest changes?
In 2016, Law No. 66 underwent changes.
Some articles were supplemented with new provisions and concepts:
| Art. 1 | Changes in fees paid by members of non-profit organizations. |
| Art. 19 | Added with subclauses - 2.1 on familiarization with documents that describe the activities of the non-profit organization, its members, and 11.1 on notification within 10 days of the board regarding the termination of the rights of a member of the non-profit organization to the site. |
| Art. 21 | On the procedure for holding a meeting of members. |
| Art. 21 | The board can independently accept new members, change income and expense estimates, reorganize or liquidate the non-profit organization. |
| Art. 22 | If the votes “for” and “against” at the general meeting are equal, the opinion of the chairman of the board should become decisive. |
| Art. 27 | New protocols and documents are being introduced, members of non-profit organizations can familiarize themselves with them. |
Reasons for innovation
With the new law No. 217, which was issued in the summer of 2017, on the conduct of gardening and vegetable gardening, as well as introducing some changes to Russian legislative acts, it was decided to make big changes in the life of suburban non-profit organizations.
Now 39 legislative acts that were adopted earlier will be subject to changes at once. But the entry into force of the new Law was postponed to the beginning of 2019.
The transition period should take 5 years. The main purpose of the Law is to gradually replace the old Federal Law No. 66 and thus finally resolve the issue of “dacha farming” in the country.
The reason for the release of the new Law were also big problems:
- Today, there are many types of non-profit organizations that are created by citizens to run suburban households.
- In partnerships, the amounts of various types of membership fees have increased significantly.
- Citizens encounter bureaucracy when registering in buildings built on suburban sites.
- The prices for drilling and construction of water wells have increased significantly, which is becoming beyond the capabilities of many summer residents and gardeners. If there is no centralized water supply, then it becomes impossible to stay in the areas and use them.
- Local authorities often do not support existing or newly formed NGOs. It is often very difficult to achieve engineering communications.
Register of members of the association
The concept of the register of members of non-profit organizations, the following data must be entered in it for each person:
- Address (postal or electronic) at which a citizen can be contacted.
- Cadastral number for the plot, if the land is demarcated and allocated to a member of the non-profit organization, i.e. he is the owner real estate with ownership. For example, it was privatized or bought out, received by inheritance, etc.
- Conditional cadastral number of the plot, if the land is still the property of the state or is leased from a non-profit organization. Members of the partnership are only land users; the cadastral number is determined for all land under the NO, so the chairman of the board can appoint a conditional one.
- Other information provided for by the charter of the non-profit organization.
To enter information into the register, members of non-profit organizations must provide the necessary information and promptly report any changes. A register is created after state registration of a non-profit organization within 10 days. Operating partnerships were required to create a register before June 2017. The document is maintained by the chairman of the board.
Procedure for holding a general meeting
The latest edition provided for a correspondence form. This can be done if the meeting could not be held due to lack of quorum.
The provision remains in force in new edition, the following issues can be included on the agenda of the meeting in absentia:
- approval of the latest version of the charter as amended;
- reorganization or liquidation of non-profit organizations;
- approval of the report that is drawn up during the audit of the property of the non-profit organization;
- approval of income and expenditure estimates, various board reports.
Membership fee
Innovations also concern the financial side:
- entrance fees have been cancelled;
- members of non-profit organizations will only have to pay for membership and targeted contributions;
- the amount of contributions and frequency of payment will be established by the board of the partnership;
- the amount of membership fees should depend on the area of the site and the presence of buildings on it;
- if a member of a non-profit organization does not pay any fees for a long time, he may be forced to do so through the court;
- no tax will be charged for home ownership, provided that the house is registered as residential;
- payment of membership or target fees will be made to the current account of the BUT; they cannot now be paid in cash;
- after paying the fees, the member of the non-profit organization must keep a receipt in his hands;
- funds spent from contributions will be monitored.
Extended list of documents
According to the requirements of the old edition of Federal Law No. 66, members of the gardening partnership must be given a copy of each protocol:
- general meeting;
- board meetings;
- meetings of the audit commission and monitoring compliance with legal requirements.
But today, in the new edition, this list is somewhat expanded.
Each member of a non-profit organization can request from the board for independent verification:
- charter of SNT, ONT or DNT with amendments and additions;
- state registration certificate;
- documents on accounting and tax reporting;
- documents related to voting at the general meeting, these can also be ballots, powers of attorney, etc.;
- , registered on common property;
- other documents, the list of which is provided by the charter and legislation.
A member of a non-profit organization can request any of the above documents for review, but citizens are allowed to make and give copies. For the provision of copies, a fee will be charged in the amount of the cost of a photocopier.
Federal Law No. 66 on gardening partnerships considers the specifics of providing various types of land to citizens for the purpose of non-commercial use. This could be the construction of country houses (they must be registered separately to obtain the right of residence), cultivation of crops, or simply recreation. But on July 3, 2016, Federal Law 66 underwent a number of changes, which will be discussed in this article.
Federal Law 66 “On horticultural, market gardening, and country houses non-profit associations citizens" was adopted by the State Duma on March 11, 1998, and approved by the Federation Council on April 1 of the same year. To date, changes and amendments have been made to it, but the essence of the law has not changed. The objects of consideration of Federal Law 66 are agricultural private or public partnerships of citizens of the Russian Federation.
The law specifies the forms of the above associations, the specifics of their management, mutual lending funds, etc. Also, Federal Law 66 considers the conditions under which citizens have the right to receive land plots for private needs, how they are formed, organized and managed.
Finally, Federal Law 66 indicates the possibility state support gardeners, vegetable gardens and summer residents, under certain conditions. At the same time, this law has a separate chapter on the issue of protecting the rights of these categories of Russian citizens.
Changes to the Law “On Gardening Partnerships”
Over almost 20 years of existence, amendments to the law on gardening partnerships have been made several times. First, it’s worth listing the most significant ones.
Changes to Federal Law 66 on the procedure for holding a general meeting of members of partnerships.
The latest edition of Federal Law 66 provides correspondence form holding a general meeting, provided that the meeting in person was not held due to lack of quorum.
This remains the case even if the following items are on the agenda:
- The latest edition of the charter is approved or drawn up;
the dacha non-profit association is reorganized or liquidated; - The reports of the audit commission or board are approved;
- The income and expense estimate is approved.
Clarifications in Federal Law 66 on the issue of membership fees
The clause in the law regarding money contributed by members of a gardening association has undergone four major changes.
First- wording. The new edition of Federal Law 66 retains the previous definition, which states that members of a non-profit agricultural partnership are required to contribute cash for current expenses. This point is supplemented only by the “maintenance of common property.”
Second- determination of the amount of membership fee. Now its size, according to Federal Law 66, depends on total area land plot and real estate located on it. However, this principle is not yet mandatory and enshrined in the charters of partnerships.
Third- an expanded list of documents that is provided to each member of the horticultural association if the need arises. In the previous version of Federal Law 66, it was necessary to transfer a copy of the minutes of the general meeting, as well as the meeting of the board and the audit commission.
This list has now been supplemented with the following documents:
- the charter of the agricultural non-profit partnership, indicating the changes made to it (if any);
- title documents for public property of the farm;
financial statements non-profit association; - income-expense estimate, with a report on its implementation;
- papers that confirm the results of the last votes of the partnership.
Register of partnership members
The new concept of Federal Law 66 - “register of members of a horticultural, gardening or dacha non-profit association”, contains information about its representatives.
Among the included information about a member of the partnership, according to Federal Law 66:
- postal and email address;
- cadastral number of the land plot;
- additional information provided for by the charter of this particular association.
By law, the register is created no later than one month from the date of registration of the partnership.
Now about the key articles of the federal law, and an indication of the presence/absence of amendments to the law on gardening partnerships.
Art. 1.
This paragraph of the law defines key concepts used throughout Federal Law 66, such as a gardening or dacha association, share contributions, etc. The definition of membership fees has undergone a change, with the addition of “maintenance of common property.”
Art. 8.
This article of Federal Law 66 describes the features of running individual farms. This includes paying fees for the use of common property or appealing some decisions of the association in court. The latest version of the law has not undergone any changes.
Art. 18.
This article of Federal Law 66 describes the conditions for obtaining membership in a partnership, including reaching 16 years of age and having a plot of land on the territory of the cooperative. The latest version of the law has not undergone any changes.
Art. 19.
This paragraph of Federal Law 66 describes the rights and obligations of a member of the partnership. The article has been supplemented with two subparagraphs:
№ 2.1
- it indicates the need to familiarize yourself with documents describing the activities of the association;
№ 11.1
- which states that a citizen is obliged to notify the board of the termination of rights to his plot no later than 10 days after that.
Art. 21.
Article 66 of the Federal Law considers what issues the board of a partnership can decide: admission of new members, changes in income and expenditure estimates, reorganization or liquidation of the entire organization, etc. The change in the law is the possibility of holding absentee meetings if in-person meetings did not take place.
Art. 22.
This paragraph of Federal Law 66 defines the concept of board, the scope of its competence, and legal basis decisions made. The changes made are that now, in the event of a tie in the voting, the opinion of the chairman will be decisive. And now, by law, the board is required to maintain a register of members of the association.
Art. 27.
This article of the federal law closely concerns the issue of documentation: maintaining minutes and documents provided for review to members of the partnership. The July changes led to the addition of the list of issued papers, and the fee for this, by law, cannot exceed the cost of the copies made.
Download
The law on gardening partnerships in the latest edition has not undergone significant changes. Addition of the voting procedure, changes regarding membership fees, expansion of the provided package of documents. These are all amendments to Federal Law 66.
MOSCOW AND MOSCOW REGION:
SAINT PETERSBURG AND LENIGRAD REGION:
REGIONS, FEDERAL NUMBER:
New law on SNT from January 1, 2019
In July 2017, the State Duma adopted new law, which makes many amendments to the old laws on non-profit dacha organizations.
The new law in 2019, as amended, contains many innovations that all owners of suburban areas need to know. It should be remembered that the law is not yet in force, and it will come into force only in January 2019.
- The decision regarding the status of the organization is made at a meeting of members of the partnership by voting. If the majority decides to become gardeners, and a member of this community has a full-fledged residential building built on their site, he needs to register his home before the law comes into force (January 1, 2019). If this is not done, then such a residential building will have to be converted into a garden house for seasonal living.
- Members of gardening associations have the right not only to grow fruit and berry crops, but also to build residential buildings on their plots.
- Members of gardening partnerships have the right to grow various crops. They also have the right to build a garden house on their plot for seasonal living.
- The new law also regulates the type of contributions. After the law comes into force, there will remain two types of contributions - membership (made every billing period) and targeted (made for the purchase of specialized equipment). Entry fees are waived. Old entry fees cannot be refunded.
- All contributions are transferred via non-cash method to the current account of the partnership (this norm was invented in order to reduce corruption).
- Minimal amount people for organizing the partnership - 7 people.
- The chairman of the partnership is elected for a period of 5 years (previously he was elected for a period of 2 years).
- All partnership documents must be kept for at least 49 years.
- All members of the partnership have the right to familiarize themselves with the financial statements.
- If a member of the partnership needed a copy of any document to transfer it to government bodies, then such a copy should be provided free of charge.
- If a member of the partnership needs a copy of any document, but the copy will not be handed over to the authorities state power, then such a copy must be provided for a fee, the amount of which is established at the meeting.
- If a person does not pay contributions within 2 months, he may be expelled from the partnership. However, he retains the right to use infrastructure facilities (electricity, roads, water supply, and so on). To exercise this right, this person must write an application; he will also have to pay special contributions every month. In fact, such a person differs from a member of the partnership only in that he is deprived of the right to vote at the meeting.
- The rules regarding public lands have also changed. Previously, such lands were considered collective property; Now any participant in the partnership can transfer the collective tax, and the size of the share of the partnership participant will be proportional to the size of his plot (the same rule applies to the tax on public lands).
Let us list the main changes contained in the text of the federal law on SNT in 2019:
Federal Law No. 218
The State Duma also adopted 218 Federal Law on SNT, which came into force on January 1, 2017. It makes several changes to the procedure for registering plots:
- Registration of property rights. If the plot was provided for running a subsidiary garden, then such plot is subject to registration. To do this, you need to collect all the necessary documents (passport and deed on the provision of a land plot or any other document confirming ownership) and contact Rosreestr. You do not need to have a cadastral passport and boundary plan with you. After this, your ownership should be registered within 10-12 days.
- Registration of ownership of individual residential, country houses and some buildings that are subject to registration. Previously, only individual housing, as well as various commercial buildings, were subject to registration. Now all buildings on the site (summer house, country house, large outbuildings and some other buildings) are subject to registration. To register a building, you need to make a technical plan of the site and submit it to Rosreestr.
Main changes in the SNT law from January 1, 2019
From January 1, 2019, all payments of the SNT partnership will be carried out through a bank account. Until this time, all owners must choose a bank for making payments. To do this, you need to choose one person who will represent the interests of the community when opening an account. If SNT already has a bank account at this moment, then there is no need to open it again.
From January 2019, it will no longer be possible to pay contributions in cash, only by bank transfer through a bank. As they say in the government it will do it financial flows more transparent and reduce the risk of fraud.
Also, by the end of 2018, it is necessary to determine the composition of the SNT board. According to the new laws, members will be elected for 5 years, and not for 2 years as before.
The changes will also affect those who do not want to join SNT communities. They can also participate in meetings and vote on fees. And they will also have to chip in to pay for the salaries of the SNT chairman and members of the council, whether they want it or not.
In 2019, only targeted contributions and membership will remain. Cash fees such as entrance, share and additional fees may not be paid.
- Federal Law on Dacha Non-Profit Associations (FZ-66 as amended)
- Federal Law No. 217 of July 29, 2017 On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation
- Draft Federal Law N 1160742-6 "On gardening, horticulture and summer cottage farming and on amendments to certain legislative acts of the Russian Federation"
- Federal Law "On Amendments to the Land Code and Certain Legislative Acts of the Russian Federation"
- Set of rules. Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures. Updated version of SNiP 30-02-97
- Set of rules. Gas distribution systems. Updated version of SNiP 42-01-2002
- Rules for the protection of gas distribution networks (Resolution of the Government of the Russian Federation N 878, amended and supplemented from: 12/22/11)
- Law of the Moscow region on peace and quiet
- Law of the Moscow Region on State Adm-Technical Supervision and Adm. responsibility in the field of improvement
- Draft Regional Standard for DNT of the Moscow Region
- Decree of the Government of the Moscow Region on the Historical Monument Butovo Test Site
- Regulations on territorial planning of St. Petersburg LMR MO (general plan)
- Standards for urban planning of the Moscow region
News
A chronology of events that did not make it into the news feed - in the section Small stories illustrate patterns of opacity that bring the threat of bankruptcy, surrender of public lands, and disbandment of the DNT closer. There are favorable conditions for enterprising people.
Attention debtors
In case of late payments, compensation from violators is established in the amount of 600 rubles for each half-year
Payment of debts is made at current year rates
DNT "Butovo" collects the required amounts through the court. 
Federal Law on Dacha Non-Profit Associations (FZ-66 as amended)
Along with the Land and Civil Codes, Town Planning and other laws, this is the main document regulating the activities of DNT.
Until January 1, 2019 - the entry into force of the new - Federal Law-217 "On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation" (signed by the President on July 29, 2017) - Federal Law-66 regulates the economic and financial activities of SNT, DNT and other non-profit organizations for gardening and horticulture.
The amendment to Federal Law-66 concerns the procedure for establishing the amount of membership fees, the register, rules for the provision of documents, etc. - came into force on July 8, 2016:Federal Law of July 3, 2016 N 337-FZ "On Amendments to the Federal Law "On Gardening, Vegetable Gardening and Dacha Non-Profit Associations of Citizens"
Changes:
Article 1
Introduce into the Federal Law of April 15, 1998 N 66-FZ “On gardening, vegetable gardening and dacha non-profit associations of citizens” (Collected Legislation of the Russian Federation, 1998, N 16, Art. 1801; 2000, N 48, Art. 4632; 2002, N 12, Art. 1093; 2003, Art. 4855; 2006, Art. 2881; 2014, Art. 3377;
1) paragraph seven of Article 1 after the words “association for” shall be supplemented with the words “maintenance of property for common use,”;
2) in paragraph 4 of Article 16:
a) add a new paragraph eight with the following content:
"the procedure for establishing the amount of membership fees. This procedure may include, among other things, establishing the amount of the membership fee depending on the area of the land plot of a member of such an association and (or) the total area of real estate owned by him and located on this land plot;";
c) add a new paragraph nineteen and paragraph twentieth with the following content:
“the procedure for maintaining the register of members of a horticultural, gardening or dacha non-profit association (hereinafter also referred to as the register of members of the association);
the procedure for providing members of such an association with information about the activities of the management bodies and control body of such an association.";
d) paragraphs eighteen and nineteen are considered paragraphs twenty-one and twenty-two, respectively;
3) in article 19:
a) paragraph 1 is supplemented with subparagraph 2 1 as follows:
"2 1) get acquainted with documents related to the activities of the association, provided for in paragraph 3 of Article 27 of this Federal Law, and receive copies of such documents;";
b) paragraph 2 is supplemented with subparagraph 11 1 with the following content:
"11 1) within ten days from the date of termination of rights to the land plot belonging to him in writing notify the board of the horticultural, gardening or dacha non-profit association about this;";
4) Chapter IV should be supplemented with Article 19 1 as follows:
"Article 19 1. Register of members of a horticultural, gardening or dacha non-profit association
1. No later than one month from the date state registration a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, the chairman of the board of the association or another authorized member of the board of the association creates and maintains a register of members of the association.
2. The collection, processing, storage and distribution of information necessary for maintaining the register of members of the association is carried out in accordance with this Federal Law and the legislation of the Russian Federation on personal data.
3. The register of members of the association must contain:
1) last name, first name, patronymic (if any) of a member of such an association;
2) postal address and (or) address Email, through which messages can be received by a member of such an association;
3) cadastral (conditional) number of the land plot, the owner of which is a member of such an association (after the distribution of land plots between members of the association), and other information provided for by the charter of such an association.
4. A member of the relevant association is obliged to provide reliable information necessary for maintaining the register of members of the association and promptly inform the board of the association about changes in the specified information.";
5) paragraph three of paragraph 3 of Article 21 should be stated as follows:
“If the agenda of the general meeting of members of a horticultural, gardening or dacha non-profit association includes issues of amending the charter of the association or approving it in a new edition, liquidation or reorganization of the association, approval of the income and expenditure estimates, reports of the board and the audit commission (auditor) of the association, Absentee voting (by poll) on such issues is not permitted, except if the general meeting of members of the association, which was held through the joint presence of members of the association and the agenda of which included the specified issues, did not have the quorum provided for in paragraph seven of paragraph 2 of this article ";
6) in article 22:
a) paragraph three of clause 2 should be supplemented with the following sentence: “In case of equality of votes, the vote of the chairman of the board is decisive.”;
b) paragraph 3 shall be supplemented with subparagraph 20 with the following content:
"20) maintaining a register of members of the association.";
7) in article 27:
a) paragraph 3 should be stated as follows:
"3. Members of a horticultural, gardening or dacha non-profit association and citizens engaged in gardening, vegetable gardening or dacha farming individually on the territory of a horticultural, gardening or dacha non-profit association, upon their request, must be provided for review:
1) the charter of a horticultural, gardening or dacha non-profit association, changes made to the charter, a certificate of registration of the relevant association;
2) accounting (financial) statements of the association, income and expense estimates of the association, a report on the implementation of this estimate;
3) minutes of general meetings of members of a horticultural, gardening or dacha non-profit association (meetings of authorized persons), meetings of the board, audit commission (auditor) of the association, commission of the association for monitoring compliance with legislation;
4) documents confirming the voting results at the general meeting of members of a horticultural, gardening or dacha non-profit association, including voting ballots, voting proxies, as well as decisions of members of the association when holding a general meeting in the form of absentee voting;
5) title documents for public property;
6) other internal documents provided for by the charter of a horticultural, gardening or dacha non-profit association of citizens and decisions of the general meeting of members of the association.";
b) add paragraph 4 with the following content:
"4. A gardening, vegetable gardening or dacha non-profit association is obliged to provide a member of the association, a citizen engaged in gardening, horticulture or dacha farming individually on the territory of such an association, upon their request, copies of the documents specified in paragraph 3 of this article. The fee charged by the association for provision of copies cannot exceed the cost of their production. Provision of copies of documents specified in paragraph 3 of this article to the local government body in whose territory such an association is located, government authorities of the relevant constituent entity of the Russian Federation, judicial authorities and law enforcement agencies carried out in accordance with their requests in writing."
Article 2
1. Gardening, gardening or dacha non-profit associations of citizens created before the entry into force of this Federal Law are required to create a register of members of the relevant association before June 1, 2017.
2. The charters of horticultural, gardening and dacha non-profit associations of citizens are subject to being brought into compliance with the norms of the Federal Law of April 15, 1998 N 66-FZ "On horticultural, gardening and dacha non-profit associations of citizens" (as amended by this Federal Law) upon the first change of constituent documents of such legal entities. When registering these changes made to constituent documents, National tax not charged.
Article 3
This Federal Law comes into force on the date of its official publication.
President of Russian Federation
https://www.site/2017-08-02/v_rossii_prinyat_novyy_zakon_dlya_dachnikov_i_sadovodov_chto_v_nem_vazhnogo
"Dacha Constitution"
A new law has been adopted in Russia for summer residents and gardeners: what is important about it?
Jaromir Romanov/website
Russia has adopted a new the federal law, according to which approximately 60 million summer residents and gardeners will begin to live from January 1, 2019. In fact, the “dacha constitution,” as the adopted act has already been called, concerns every second resident of the country. the site tells its readers about fundamental innovations, one of which was the exclusion of the very concept of “dacha farming” from the legislation.
Will there be no more summer residents in Russia?
According to the law, summer residents in Russia are now gardeners and vegetable gardeners. Previously, associations of summer residents, gardeners and vegetable gardeners could exist in as many as nine organizational forms ah (including as dacha partnerships and cooperatives). Now the legislator has provided only two: either a gardening partnership or a gardening partnership. Dacha associations are automatically classified as horticultural associations. But, of course, no one will forbid you to call yourself summer residents. Especially in a situation where you don’t have a garden or vegetable plot at all, but just a house in the village where you come to relax and do not do any gardening work. The new law regulates life only in gardening and vegetable gardening areas, and not in populated areas.
Why didn’t the law call everyone simply summer residents?
You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms are clearly too much. But one cannot ignore all the realities, and in this case they are that the land plots owned and used by Russian summer residents may have different types permitted use. Based on this, the legislator divided land plots into garden and vegetable plots.
And here it is important: on garden plots you can build permanent buildings, including residential buildings, but on garden plots only non-permanent outbuildings can be placed. The difference is significant, and you should pay special attention to this if you plan to purchase a summer cottage.
Serguei Fomine/Russian Look
Can you tell us a little more about this difference?
The legislation classifies as non-permanent buildings structures that do not have a “connection with the ground,” that is, in other words, a foundation. It is assumed that they can be completely disassembled or moved somewhere in no time. In addition, such structures cannot be registered as real estate. You, of course, can build something grandiose on a garden plot, on a solid foundation, and pass off your palace as a modest shed for storing equipment and crops. But you simply won’t be able to register ownership of it until the type of permitted use of your site changes, and this is still a very difficult procedure. If only because there are quite serious requirements for the planning and development of a gardening area, as prescribed in SNiP 30-02-97 of 2011, but there are no such requirements for the organization of a gardening area.
Landowners who fail to register their homes face double land tax
The Chairman of the Union of Gardeners of Yekaterinburg, Nadezhda Loktionova, believes that we should even expect the appearance of some kind of by-law that will clarify the parameters of non-permanent buildings on vegetable gardening lands. Of course, things are unlikely to reach Soviet restrictions such as a ceiling height of no more than two meters, but the state will still try to close the possibilities for abuse. But if now you already have in your hands a document on the ownership of a property that arose on a garden plot of land (for example, a bathhouse or a garage), you don’t have to worry. What is built is built - the state recognized this, and here the legislator agreed to the so-called “garden amnesty”.
Nail Fattakhov/website
What can be built on garden plots?
With garden plots, which, by the way, make up the vast majority of the total, everything is much simpler. The law gives the right to place a permanent residential building, a garden house for seasonal use, garages and outbuildings on them. The latter include bathhouses, sheds, sheds, greenhouses, gazebos and other goods. All this can be registered as ownership, keeping in mind, however, that the owner has an obligation to pay taxes. In addition, since the beginning of 2017, the so-called “dacha amnesty”—a simplified procedure for registering real estate on six hundred square meters—has become legislatively more complicated. Now, to register an object, you need a technical plan, and its cost starts from 10 thousand rubles. Plus the state duty is 400 rubles. True, the law allows not to register buildings with an area of up to 50 square meters. meters.
Will it become easier to register at the dacha?
They promise yes. Theoretically, it is possible to register on six hundred square meters now, but it is not so easy. A court decision is required that your residential building is recognized as suitable for permanent residence. It is expected that with the coming into force of the new law, going to court will become the exception rather than the rule. Gardeners near Moscow insisted on this: according to the chairman of the Union of Summer Residents of the Moscow Region, Nikita Chaplin, the government should develop a special by-law designed to simplify the procedure for converting a garden house into a residential one and back. That is, if you decide to live in a dacha permanently and have registration there, immediately build a permanent house or reconstruct an existing one.
By the way, a gardening partnership may eventually become a partnership of real estate owners - that is, begin to develop and be managed like a cottage community. But for this, three conditions must be met. First, it must be located within the line settlement, second, all houses on its territory must be recognized as residential, and third, the type of permitted use of land plots for all owners must be changed to “individual housing construction.”
Jaromir Romanov/website
Is it true that selling crops from the garden will become an illegal business?
No. Selling surplus from your own garden or vegetable garden, neither new nor current law(66-FZ) is not regulated at all, Nikita Chaplin points out. Moreover, during its development, the draft law deliberately did not include norms that are regulated by other laws: the Land, Tax, Civil Codes, and the law on real estate registration. So grandmothers, for whom the sale of bunches of greenery at the market or agricultural fair serves as some kind of financial help, will definitely not need to register an individual entrepreneur for this.
What else is important in the law?
The law decreed that within one gardening or vegetable gardening there can be only one partnership. Previously, there could have been several of them, and the legislator was especially concerned about the situation when associations were engaged in a struggle to attract land owners and at the same time paid almost no attention to the state of the general infrastructure, shifting responsibility onto the neighbor. Within the meaning of the new law, a partnership can only be formed on the basis provided for this legal entity plot of land. Therefore, if disputes arise, a previously created partnership that has a land plot will be recognized as legitimate. In the absence of a project for planning and development of the territory, the second partnership may be liquidated by court decision, if it does not recognize that it needs to self-liquidate.
The Chelyabinsk Regional Court approved the decision to demolish the garden houses for which Putin stood up
The law will also make it possible to streamline relations with so-called individuals - owners of plots who have left all partnerships and do not bear the obligations that their neighbors - participants in associations - have. Without paying any fees, they continue, for example, to use the common infrastructure. Now the freemen are over: you can still be an individual, but you will still have to pay dues along with the others. In return, you are given the right to participate in general meetings and vote on all financial and economic issues of the partnership. But individuals will still not be able to participate in the elections of the chairman and members of the board and audit commission. In general, the big question is what is the benefit of such a special status now.
Natalya Khanina/website
By the way, about contributions. They are strictly divided into two types: membership and target. Membership will be paid for running costs, related to the activities of the partnership, and targeted funds will be collected for the improvement and development of infrastructure. It is important that from January 1, 2019, contributions will no longer be collected in cash: summer residents will begin to receive the same receipts that they pay for city apartments, and contributions will be credited to a bank account, and not stored in the chairman’s safe. This was done to combat abuse.
Russian news
Russia
The beginning of the struggle for the Kremlin. Why are the authorities so afraid of new opposition protests?
Russia
Searches continue at Alexei Navalny's FBK employees
Russia
Sobyanin warned Muscovites about possible provocations at an uncoordinated opposition rally
Russia
Unregistered candidates for elections to the Moscow City Duma filed 35 lawsuits
Russia
Yandex shares fell amid the bill on significant information resources
Russia
Ukrainians asked Zelensky to launch trains to Crimea
Russia
On the eve of the opposition rally, the Investigative Committee and the police conducted more than ten searches
Russia
On Khokhlovskaya Square in Moscow, police detained the editor of The Village and three other people
Russia
