Horticultural partnership. Law on Horticultural Associations

For a huge number of Russian families working in their own garden or in the garden is a favorite form of leisure. The status of gardener-gardener unites a lot of people who have managed to turn work into rest. There are about half of the total adult population in Russia, especially in large cities. Leading, no doubt, Moscow and St. Petersburg, surrounded by an endless dacha array.

On a modern map, you can count about eighty thousand gardening associations. These include dacha, horticultural and gardening non-profit associations. The land occupied by them brings about half of the berries and fruits, about a quarter of all vegetables and the fifth - potatoes grown in Russia.

The gardener or the gardener?

Differences between gardeners, truck farmers and summer residents are spelled out in Federal Law No. 66-FZ of April 15, 1998, which is called "On horticultural, gardening and dacha non-profit associations." According to him, there are three types of land - summer, garden and garden. Each site in the horticultural partnership is given to citizens (or purchased) for various purposes. Garden, like vegetable gardens - to grow crops - vegetable, fruit or berry. Dacha ─ to rest. But in this case, farmers are not forbidden to cultivate the land and grow crops.

The garden plot differs from the garden plot in that its owner has the right to construct residential and outbuildings, and the owner of a vegetable garden is not always.

About summer cottages

In a residential building built on its own plot, a summer resident has the right to live with a permanent registration - unlike a horticulturist.

Until 1990 on land plots with the status of garden, it was allowed to build buildings not higher than one floor and no more strictly normalized sizes, which was reflected in the model charter of the horticultural partnership. The situation changed only with the beginning of the 1990s, when these restrictions were recognized as unconstitutional.

Horticultural partnership

By law gardening can be dealt with and individually. But practice shows that it is more profitable and convenient for site owners to join forces. This is why non-commercial organizations are created on a voluntary basis, with the aim of helping participants to solve common issues - economic and social.

SNT is a gardening non-profit partnership - a classic example of such an organization. Its number must be at least three participants. The horticultural association is obliged to pass the state registration as a legal entity.

The charter is the basis of everything

The main document for the establishment of a non-profit association is its charter, which is adopted and approved at the general meeting. The charter of the horticultural partnership is developed on the basis of a model provision taking into account local characteristics and needs.

This non-profit organization is managed by the chairman of the board, whose powers are established by law No. 66-FZ of April 15, 1998, and also by the charter of the partnership.

About the management of SNT

The main management body of the SNT is a general meeting, which by direct vote elects the board. Early reelection of the board is possible only at the request of its members.

Meetings of meetings of authorized members of the partnership must be formalized by protocols. Each protocol is signed by the chairman of the horticultural association and the secretary of the meeting. The document is sealed by the organization's seal and is subject to permanent storage.

Who is a participant in such an association?

By law, a member of a gardening partnership (non-commercial partnership) is any citizen of the Russian Federation at the age of 18 who owns a site in this partnership.

Owners of land plots are entitled to manage on their own territory (if the site is not confiscated and not limited in turnover) and to carry out construction according to their own plan. Being a member of the SNT, such a gardener receives both additional rights and duties.

Obligations and rights of the members of the SNT

The right to be elected to the organs of horticultural management (as well as to elect others) implies the possibility of influencing the decision-making concerning the common good. And duties that go hand in hand with rights require that gardeners obey the decisions of the general meeting and its board, use the site only according to the purpose and protect the land from damage.

The whole list of responsibilities is described in detail by the same law on gardening partnerships No. 66-FZ (art. 19). All the main issues and moments of the country life of Russians, this legal document regulates in sufficient detail. In its eleven chapters, forms of farming (garden, garden or country) have been established. The issues of land zoning, the nuances of assigning plots to circulation and ownership, as well as the moments concerning the creation and liquidation of gardening partnerships, their management, the rights and duties of members and management are discussed in detail.

Issues related to horticultural partnerships are also touched upon in separate chapters of the Town Planning and Land Code of the Russian Federation, as well as in the Civil and Tax Code.

About residential buildings in the plots

FZ on gardening partnerships introduced the term "residential buildings", not mentioned earlier in the Housing Code. According to the latter, this type of buildings is not considered an object of housing rights. But in fact, on the grounds of horticultural associations everywhere there appeared quite habitable houses, sometimes not just comfortable, but truly luxurious.

In the early 1990s, attempts were made to give the "garden house" the status of real housing. Federal Law No. 4218-1 of December 24, 1992 conferred on citizens who have their own buildings in the garden or suburban areas, the right to re-register them as private houses as private property. Of course, provided that they meet the standards for living quarters. But from 1.03.05 the new Housing Code canceled this privilege.

In 2008, the Constitutional Court of the Russian Federation allowed certain residential garden structures to be attributed to the housing stock.

The procedure for recognizing it as suitable for living is rather complicated, and the subjects of the federation themselves regulate the grounds and procedure for recognizing buildings as permanent housing.

Assistance of the authorities

The state renders assistance to horticulturalists, first of all creation of transport and social infrastructure. This includes the construction in the territories of SNT shops and consumer services, sports grounds and children's towns, assistance in the organization of protection, etc.

The most important issue for gardeners is transport accessibility. As a rule, local authorities try to help not only in laying and repairing roads, but also in organizing bus routes, especially on weekends.

Collectivism or individualism?

In the presence of a certain number of those who prefer individual management of the country economy, the collective approach is generally prevailing. The law provides for members of partnerships the right of voluntary withdrawal with the conclusion of a contract on the use of roads, engineering networks and other common property. Such contracts provide for the payment of contributions of a fixed amount.

Both members of horticultural associations, and "free" gardeners are required to pay tax on land.

And yet there are not many individualists. SNT, like other types of non-profit associations, have proved their effectiveness and ability to adapt to the conditions of time.

About business activity

Horticultural partnership, as already mentioned, refers to non-profit organizations. That is, in this case, its members are united not for profit, but for personal needs in agricultural products.

At the same time, the charter of the partnership may provide for the possibility of entrepreneurial activity. In this case, the profit should be directed to the development of the organization and assistance to gardeners. Legal entities are not members of the horticultural partnership.

Contributions of participants - types and purpose

The Law on Horticultural Associations clarifies what types of contributions exist for payment in such partnerships, and how they differ.

Entry fees are the amounts contributed by members of a non-profit association for processing documents and organizational expenses.

Membership fees are funds regularly contributed by members of the association to current expenses, for example, to pay employees for contracts (watchmen, electricians, etc.).

Target contributions are those that are made for the creation or acquisition of property for general use. This includes everything that is intended to ensure the needs of its members in the water supply, sanitation, passage and passage, electricity and gas supply, heat, security, etc. in the territory of the horticultural partnership. These are roads, gates and fences of general use, water towers, boiler houses, platforms For garbage, fire-fighting facilities, etc.

About Taxes

For the land of the partnership SNT pays a property tax. It is calculated according to the area of the land of horticultural associations, minus the plots of those members who own them. Such owners pay the tax independently as individuals under tax notices of the Federal Tax Service. Persons renting land pay taxes through gardening.

Other moments

On the border of the territory, a horticultural partnership must be enclosed by a fence (you can do without a fence with the natural boundaries - river, ravine).

It is recommended to take out the garbage, in the absence of such an opportunity - to decide the issue of burial or disposal in consultation with the sanitary epidemiological service.