Federal law n 66 fz. About horticultural, vegetable gardening and dacha non-profit associations of citizens. Amendments to the Law "On Gardening Associations"

Article 21. Competence of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized representatives)

1. The following issues fall within the exclusive competence of the general meeting of members of a horticultural, vegetable gardening and suburban non-profit association (meeting of authorized representatives):

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

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

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

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

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

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

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

8) approval of the internal regulations of such an association, including the conduct of a general meeting of members of such an association (meeting of authorized representatives); the activities of his board; the work of the audit commission (auditor); the work of the commission for monitoring compliance with legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; internal regulations of the work of such an association;

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

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

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

12) approval of the income and expense estimate of such an association and making decisions on its implementation;

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

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

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

16) making a decision on the acquisition of a land plot related to common property, into the ownership of such an association;

17) approval of the lists of members of a horticultural, vegetable gardening or summer cottage non-profit association;

18) the distribution of formed or formed land plots between members of a horticultural, vegetable gardening or dacha non-profit association, to which land plots are provided in accordance with paragraph 3 of Article 14 of this Federal Law, indicating the conditional numbers of land plots in accordance with the land survey project;

19) approval of the project for the planning of the territory and (or) the project for surveying the territory of the horticultural, vegetable gardening or dacha non-profit association.

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

1.1. Decisions on the issue specified in subparagraph 18 of paragraph 1 of this article may not be adopted by a general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association held in the form of a meeting of authorized representatives.

2. A general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (a meeting of authorized representatives) shall be convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized representatives) is held by the decision of its board, the request of the audit commission (auditor) of such an association, as well as at the suggestion of the body local government or at least one fifth of the total number of members of such an association. An extraordinary general meeting of the members of such an association (meeting of authorized representatives) on the issue of early termination of the powers of the chairman of the board of the corresponding association or early re-election of members of the board of the corresponding association may be held in the absence of a decision of the management board to hold this meeting, provided that the procedure for notifying the members of the relevant association of holding this meeting.

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

The board of a horticultural, vegetable gardening or dacha non-profit association may refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives) if the procedure for submitting a proposal or requesting to convene an extraordinary general meeting of its members (meeting of authorized representatives) established by the charter of such an association has not been observed.

If the board of a horticultural, vegetable gardening or dacha non-profit association adopts a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives), the said general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (a meeting of authorized representatives) must be held no later than thirty days from the date receipt of a proposal or request for its implementation. If the board of a horticultural, horticultural or dacha non-profit association has decided to refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives), it informs writing the audit commission (auditor) of such an association or members of such an association or a local government body requiring an extraordinary general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives), on the reasons for the refusal.

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

Notification of members of a horticultural, vegetable gardening or dacha non-profit association about holding a general meeting of its members (a meeting of authorized representatives) can be carried out in writing (postcards, letters), by means of appropriate messages in the funds mass media, as well as by placing appropriate announcements on information boards located on the territory of such an association, unless a different notification procedure is established by its charter. A notice of a general meeting of members of such an association (a meeting of authorized representatives) shall be sent no later than two weeks before the date of its holding. The notice on the holding of a general meeting of members of such an association (meeting of authorized representatives) must indicate the content of the issues to be discussed.

A general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) is legally competent if more than fifty percent of the members of such an association (at least fifty percent of authorized representatives) are present at the said meeting. A member of such an association has the right to participate in voting in person or through his representative, whose powers must be formalized by a power of attorney certified by the chairman of such an association.

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

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

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

The decisions of the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) shall be brought to the notice of its members within seven days after the date of the adoption of these decisions in the manner prescribed by the charter of such an association.

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

3. If necessary, the decision of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association may be made by absentee voting (by poll).

The procedure and conditions for holding absentee voting are established by the charter of a horticultural, vegetable gardening and dacha non-profit association and internal regulations on absentee voting, which must provide for the text of the absentee voting ballot, the procedure for communicating the proposed agenda to the members of such an association, reviewing the necessary information and documents, making proposals on the inclusion of additional issues in the agenda, as well as an indication of a specific deadline for the end of the absentee voting procedure.

If the agenda of the general meeting of members of a horticultural, vegetable 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 expense estimates, reports of the board and the audit commission (auditor) of the association, on such issues of absentee voting (by poll) is not allowed, except for the case if the general meeting of the members of the association, which was held by the joint presence of the members of the association and the agenda of which included the specified issues, did not have the quorum provided for in paragraph seven of clause 2 of this article.

Judicial practice under article 21 of the Federal Law of 15.04.1998 No. 66-ФЗ

Resolution No. 44Г-49/2019 4G-936/2019 4G-936 / 201944Г-49/2019 dated April 24, 2019 in case No. 2-1666 / 2018

Supreme Court of the Republic of Crimea (Republic of Crimea) - Civil and Administrative

Local government, public associations and officials in court. However, the applicant believes that in accordance with Art. 1177 of the Civil Code of the Russian Federation, Art. 18, 21 of Law N 66-FZ "On gardening, gardening and summer cottage non-profit associations of citizens", her rights as the heir of a member of the gardening partnership "Dachnik" were violated, to be admitted to the TSN "Dachnik" ...

Resolution No. 44Г-0025/2019 44Г-25/2019 4G-166/2019 dated April 24, 2019 in case No. 2-1749 / 2018

Arkhangelsk Regional Court (Arkhangelsk Region) - Civil and Administrative

Chirkova V.A., Kharkova A.T. the costs of paying the state fee in the amount of 300 rubles each were recovered. In the cassation appeal received by the Arkhangelsk Regional Court on January 21, 2019, the representative of SNT "Uyma" Barabash D.The. asks to cancel the appeal ruling of the Judicial Collegium for Civil Cases of the Arkhangelsk Regional Court dated October 24, 2018 and ...

Decision No. 2-886 / 2019 2-886 / 2019 ~ M-3571/2018 M-3571/2018 dated March 28, 2019 in case No. 2-886 / 2019

Irkutsk District Court (Irkutsk Region) - Civil and Administrative

Of the Civil Code of the Russian Federation, the subscriber can transfer the energy received by him from the power supply organization through the connected network to another person (sub-subscriber) only with the consent of the power supply organization. According to Art. Art. 21, 22, 23 of the Federal Law "On horticultural, horticultural and suburban non-profit associations of citizens" in the competence of the general meeting and the board of horticulture, as well as in the powers of the chairman of horticulture, are not included ...

Decision No. 2-4570 / 2018 2-478 / 2019 2-478 / 2019 (2-4570 / 2018;) ~ М-4238/2018 М-4238/2018 dated March 28, 2019 in case No. 2-4570 / 2018

Dzerzhinsky District Court of Orenburg (Orenburg Region) - Civil and Administrative

56RS0 ...- 21 SOLUTION NAME Russian Federation March 28, 2019 ... Dzerzhinsky District Court ... composed of the presiding judge E.A. Botvinovskaya, under the secretary D.R.Dzhanaev, with the participation of the plaintiffs Podkidyshev ...

Decision No. 2-1194 / 2019 2-1194 / 2019 ~ M-322/2019 M-322/2019 dated March 27, 2019 in case No. 2-1194 / 2019

Sergiev Posad City Court (Moscow Region) - Civil and Administrative

Members of this association. He pointed out that the plaintiff in the counterclaim became aware of the contested decision only upon receipt of the claim by ADNP “Deulino” (vol. 1 case sheets 20-21). The representative of the plaintiff in the main claim of ADNP "Deulino" Abyzov AM, acting on the basis of a power of attorney, supported the stated requirements on the arguments set out in the claim, asked to satisfy the claim. Defendant's representative ...

... together with other citizens in the total... a person held an extraordinary meeting on the early termination of the powers of the chairman of the board of the relevant association. In accordance with Art. 21 FZ of 15.04.1998. No. 66-FZ "On horticultural, vegetable gardening and summer cottage non-profit associations of citizens" such a meeting may be held in the absence of a decision by the board to hold this ...

Decision No. 2-5829 / 2018 2-927 / 2019 2-927 / 2019 (2-5829 / 2018;) ~ M-5469/2018 M-5469/2018 of March 20, 2019 in case No. 2-5829 / 2018

Noginsk City Court (Moscow Region) - Civil and Administrative

Non-profit associations of citizens ", the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association is supreme body management of such an association. By virtue of para. 7 p. 2 art. 21 FZ of 15.04.1998 N 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens", a general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) ...

Shchelkovo City Court (Moscow Region) - Civil and Administrative

Gardening, horticultural and dacha non-profit associations of citizens ”, the general meeting of members of a horticultural, vegetable garden or dacha non-profit association is the supreme governing body of such an association. By virtue of Article 21 of the Federal Law of April 15, 1998 N 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens" to the exclusive competence of the general meeting of members of the gardening, vegetable gardening and ...

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 in it?

Jaromir Romanov / website

A new federal law has been adopted in Russia, according to which approximately 60 million summer residents and gardeners will start living 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 from the legislation of the very concept of "dacha economy".

Will there be no more summer residents in Russia?

By law, summer residents in Russia are now gardeners and gardeners. Previously, associations of summer residents, gardeners and truck farmers could exist in as many as nine organizational forms (including dacha associations and cooperatives). Now the legislator has provided only two: either a gardening partnership or a gardening partnership. Dacha associations are automatically classified as horticultural. But, of course, no one will forbid you to call yourself summer residents. Especially in a situation when you do not have a garden or garden plot at all, but just a house in the village where you come to rest and do not do any gardening business. The new law regulates life only in the territories of horticulture and horticulture, and not in settlements.

Why did the law not call everyone just summer residents?

You are right: on the one hand, the law as a whole is aimed at simplification. Still, nine organizational forms are overkill. But one cannot ignore all the realities, and in this case they are in the fact that the land plots owned and used by Russian summer residents may have different types permitted use. Based on this, the legislator divided the land plots into garden and vegetable gardens.

And here it is important: on garden plots you can build capital structures, including residential buildings, and on garden plots, only non-capital outbuildings can be placed. The difference is significant, and you should pay special attention to this if you have plans to purchase a summer cottage.

Serguei Fomine / Russian Look

Can you tell us a little more about this difference?

The legislation refers to non-capital buildings structures that do not have a "connection to the ground", that is, in other words, a foundation. It is assumed that they can be disassembled in no time at all or transferred somewhere. In addition, such structures cannot be registered as real estate objects. You can, of course, build something grand on a garden plot, on a solid foundation and pass off your palace as a modest shed for storing tools and crops. But you simply will not 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 quite serious requirements are imposed on the planning and development of the gardening area, prescribed in SNiP 30-02-97 of 2011, and there are no such requirements for the organization of the gardening area.

Landowners who do not register their homes face double land tax

The chairman of the Union of Yekaterinburg Gardeners, Nadezhda Loktionova, believes that we should even expect the appearance of a certain by-law that will clarify the parameters of non-capital buildings on the land of vegetable gardening. Of course, it is unlikely that it will 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 of ownership of a real estate object that arose on a garden plot (for example, a bathhouse or a garage), you do not need to worry. What is built is built - the state recognized it, and here the legislator agreed to the so-called "garden amnesty".

Nail Fattakhov / website

What can you build on garden plots?

With garden plots, of which, by the way, the vast majority in the total mass, everything is much simpler. The law gives the right to place on them a major residential building, a garden house for seasonal use, garages and outbuildings. The latter include baths, sheds, sheds, greenhouses, gazebos and other stuff. It is possible to formalize the right of ownership for all this, bearing in mind, however, that the owner is obliged to pay taxes. In addition, since the beginning of 2017, the so-called "dacha amnesty" has become more complicated by law - a simplified procedure for registering real estate objects on six hundred square meters. Now, to register an object, a technical plan is needed, and its cost starts from 10 thousand rubles. Plus the state fee is 400 rubles. True, the law does not allow registering structures with an area of up to 50 sq. meters.

Will it be easier to register at the dacha?

They promise that yes. Theoretically, registration on six hundred square meters is possible even now, but it is not so easy. A court order is required stating that your residential building is considered suitable for permanent residence. It is assumed that once the new law comes into effect, going to court will become the exception rather than the rule. Moscow Region gardeners insisted on this: according to Nikita Chaplin, the chairman of the Union of Summer Residents of the Moscow Region, the government should develop a special bylaw designed to simplify the transfer procedure garden house to residential and back. That is, if you decide to live in the country permanently and have registration there, immediately build a capital house or renovate an existing one.

By the way, a gardening partnership may eventually become a partnership of real estate owners - that is, start developing and managing as a cottage community. But for this, three conditions must be met. First, it must be placed within the line. settlement, secondly, all houses on its territory must be recognized as residential, and thirdly, 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 a crop from a garden will become an illegal business?

No. The sale of surplus from their own garden or vegetable garden is not regulated by either the new or the current law (66-FZ), Nikita Chaplin draws attention. 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 bundles of greenery in the market or an agricultural market serves as some kind of financial support, will definitely not need to issue an individual entrepreneur for this.

What else is important in the law?

The law stated that there can be only one partnership within one gardening or horticulture. Previously, there could be several of them, and the legislator was especially concerned about the situation when associations are engaged in a struggle to attract land owners and, at the same time, pay little attention to the state of the common infrastructure, pushing responsibility onto their neighbors. Within the meaning of the new law, a partnership can be formed only on the land plot provided to this legal entity. Therefore, in the event of disputes, a previously created partnership with a land plot will be recognized as legitimate. In the absence of a project for planning and development of the territory, the second partnership can be liquidated by a court decision, if it does not recognize that it needs to self-liquidate.

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 the so-called individuals - owners of land plots who have withdrawn from all partnerships and do not bear the obligations that their neighbors - members of associations have. Without paying any fees, they continue, for example, to use the common infrastructure. Now the libertine is over: you can still be an individual, but you still have to pay contributions along with the rest. In return, the right to participate in general meetings and vote on all financial and economic issues of the partnership is given. But individuals will still not be able to participate in the election of the chairman and members of the board, the audit commission. In general, the big question is what is now the benefit of such a special status.

Natalia Khanina / website

By the way, about contributions. They were strictly divided into two types: membership and target. From the membership will be paid for the running costs associated with the activities of the partnership, and the target 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 as they pay for city apartments, and contributions will be credited to a bank account, and not kept in the safe of the chairman. This is done to combat abuse.

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"On horticultural, horticultural and suburban non-profit associations of citizens"

with changes and additions, incorporated into the text, according to Federal laws:

of 22.11.2000 No. 137-FZ, of 21.03.2002 No. 31-FZ, of 08.12.2003 No. 169-FZ,

dated 22.08.2004, No. 122-FZ, dated 02.11.2004, No. 127-FZ, dated 30.06.2006, No. 93-FZ,

dated 26.06.2007 No. 118-FZ, dated 23.11.2007 No. 268-FZ, dated 13.05.2008 No. 66-FZ,

dated 30.12.2008 No. 309-FZ, dated 01.07.2011 No. 169-FZ, dated 07.12.2011 No. 417-FZ,

dated 07.05.2013 No. 90-FZ; dated 23.06.2014 No. 171-FZ, dated 14.10.2014 No. 307-FZ,

dated December 29, 2014 No. 458-FZ, dated December 31, 2014 No. 499-FZ, dated January 31, 2016 No. 7-FZ,

dated 03.07.2016 No. 337-FZ)

Chapter I. General Provisions

Article 1. Basic concepts

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

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

garden plot- a land plot provided to a citizen or acquired by him for the cultivation of berries, vegetables, melons or other crops and potatoes (with or without the right to erect a non-capital residential building and utility buildings and structures, depending on the permitted use of the land plot determined during the zoning of the territory) ;

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

horticultural, horticultural or dacha non-profit association of citizens (horticultural, horticultural or dacha non-profit partnership, horticultural, horticultural or dacha consumer cooperative, horticultural, horticultural or dacha non-profit partnership)- a non-profit organization founded by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, truck farming and dacha farming (hereinafter referred to as a horticultural, vegetable gardening or dacha non-profit association);

entrance fees- funds contributed by members of a horticultural, vegetable gardening or summer cottage non-profit association for the organizational costs of paperwork;

membership fee - cash periodically contributed by members of a horticultural, vegetable gardening or dacha non-profit association for the maintenance of common property, remuneration of employees who have entered into employment contracts with such a combination, and other operating costs of such a combination;

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

share contributions - property contributions made by members of a horticultural, vegetable gardening or dacha consumer cooperative for the acquisition (creation) of public property;

additional contributions- funds contributed by members of the horticultural, vegetable gardening or dacha consumer cooperative to cover losses incurred during the implementation of activities approved by the general meeting of members of the consumer cooperative;

common property- property (including land plots) intended to provide within the territory of a horticultural, vegetable gardening or dacha non-profit association the needs of the members of such a non-profit association in the passage, passage, water supply and drainage, power supply, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, playgrounds and sports grounds, waste collection areas, firefighting structures, etc.).

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

1. This Federal Law uses the norms of other branches of law, comprehensively regulates relations arising in connection with the conduct of gardening, truck farming and dacha farming by citizens, and establishes legal position horticultural, vegetable gardening and dacha non-profit associations, including the specifics of their civil status (paragraph 4 of Article 49 of the Civil Code of the Russian Federation).

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

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

Article 3. Legal regulation of gardening, truck farming and dacha farming by citizens

Legal regulation of the conduct of gardening, truck farming and dacha farming by citizens is carried out in accordance with the Constitution of the Russian Federation, civil, land, urban planning, administrative, criminal and other legislation of the Russian Federation, this Federal law, other regulatory legal acts of the Russian Federation, as well as laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local government bodies.

Chapter II. Forms of citizens' gardening, truck farming and dacha farming

Article 4. Forms of horticultural, horticultural and suburban non-profit associations

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

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

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

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

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

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

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

Article 5. Name and location of a horticultural, vegetable gardening or summer cottage non-profit association

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

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

Article 6. Legal status of a horticultural, horticultural or suburban non-profit association

1. A horticultural, horticultural or dacha non-profit association as a non-profit organization has the right to carry out entrepreneurial activity, corresponding to the purposes for which it was created.

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

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

Article 7. Powers of a horticultural, horticultural or suburban non-profit association

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

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

be responsible for their obligations with their property;

to acquire and exercise property and non-property rights on its own behalf;

attract borrowed funds;

conclude contracts;

to act as a plaintiff and defendant in court;

apply to a court, an arbitration court with applications for invalidating (in whole or in part) acts of state authorities, acts of local self-government bodies, or on violations by officials of the rights and legitimate interests of a horticultural, vegetable gardening or summer cottage non-profit association;

create associations (unions) of horticultural, vegetable gardening or summer cottage non-profit associations;

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

Article 8. Conducting gardening, horticulture or dacha farming on an individual basis

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

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

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

Citizens engaged in gardening, horticulture or dacha farming on an individual basis on the territory of a horticultural, vegetable gardening or dacha non-profit association may appeal to the court against the decisions of the board of the horticultural, vegetable gardening or dacha non-profit association or the general meeting of its members on refusal to conclude contracts for the use of infrastructure facilities and other common property of such an association.

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

Article 9. Associations (unions) of horticultural, horticultural and suburban non-profit associations

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

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

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

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

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

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

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

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

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

4. Local, interdistrict, regional (territorial, regional, republican, district) and federal associations (unions) are created in order to coordinate activities, represent and protect the interests of horticultural, vegetable gardening and dacha non-profit associations in relations with state authorities, local self-government bodies, public and other organizations, as well as in order to provide information, legal and other services in the field of gardening, truck farming and dacha farming.

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

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

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

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

9. The association (union) of horticultural, vegetable gardening or summer cottage non-profit associations is not responsible for the obligations of its members, and the members of such an association (union) bear subsidiary liability for its obligations in the amount and in the manner established by the constituent documents of such an association (union).

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

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

12. A local, interdistrict or regional association (union) of horticultural, vegetable gardening or dacha non-profit associations may be granted the right to audit economic and financial activities such associations with the presentation of the results of the audit to the boards of horticultural, vegetable gardening or dacha non-profit associations and general meetings of their members.

Article 10. Representative offices of horticultural, horticultural and dacha non-profit associations and associations (unions) of horticultural, horticultural and dacha non-profit associations

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

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

3. A representative office of a horticultural, vegetable gardening or summer cottage non-profit association or an association (union) of such associations is not a legal entity; union) provisions. The property of the said representative office is located in its operational management and is accounted for on a separate balance sheet and the balance sheet of the horticultural, vegetable gardening or summer cottage non-profit association or association (union) of such associations that created it.

4. A representative office of a horticultural, vegetable gardening or summer cottage non-profit association or an association (union) of such associations shall carry out activities on behalf of the association that created it or the association (union) of such associations. Responsibility for the activities of the representative office is borne by the horticultural, vegetable gardening or dacha non-profit association or the association (union) of such associations that created it.

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

Article 11. Mutual lending funds and rental funds

1. Gardeners, truck farmers and summer residents have the right to create mutual lending funds, rental funds, and other funds in accordance with the procedure established by the Civil Code of the Russian Federation.

2. Mutual lending funds are created to provide loans for the construction and repair of residential buildings, residential buildings, utility buildings and structures, improvement of garden, vegetable garden and summer cottages. Loans are issued only to the founders of the mutual lending fund.

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

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

information about the amount of the founder's contribution;

information about the objects of crediting;

the order of priority for granting a loan;

rules for conducting cash transactions;

a list of officials authorized to conduct cash transactions;

compliance control procedure cash discipline and responsibility for its violation;

the procedure for auditing the mutual lending fund;

information about the banks in which the cash of the mutual lending fund is stored.

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

The rental fund carries out its activities on the basis of the charter approved by the founders.

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

information about the amount of the targeted contribution of the founder;

a list of the means of production purchased for the rental fund;

the procedure for providing gardeners, truck farmers and summer residents with means of production for temporary use;

a list of officials responsible for organizing the work of the rental fund.

Chapter III. Provision of land plots for gardening, truck farming and dacha farming

Article 12. Zoning of the territory for the placement of horticultural, horticultural and suburban non-profit associations

Article 12 became invalid on March 1, 2015 in accordance with Federal Law No. 171-FZ dated June 23, 2014.

Article 13. Determination of the need for land plots for the placement of horticultural, horticultural and suburban non-profit associations

1. Provision of citizens with garden, vegetable garden and dacha land plots is the responsibility of local government bodies at the place of residence of citizens.

2. Registration and registration of applications of citizens who need to obtain garden, vegetable or summer cottages, are carried out by local authorities separately. The sequence of provision of garden, vegetable garden or suburban land plots is determined on the basis of the registration of the relevant applications.

Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation preemptive right to receive garden, vegetable garden or suburban land plots are included in a separate list.

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

3. Clause 3 of Article 13 has become invalid in accordance with Federal Law No. 118-FZ of June 26, 2007.

4. The local government body, on the basis of the approved list of citizens who have submitted an application for the provision of a garden, vegetable garden or suburban land plot, determines the needs for garden, vegetable garden or suburban land plots. The calculation is based on the established norms for the provision of land plots, taking into account the need to place public property.

5. Clause 5 of Article 13 has become invalid in accordance with Federal Law No. 118-FZ of June 26, 2007.

Article 14. Provision of land plots for horticulture, truck farming and dacha farming

1. The provision of land plots for gardening, truck farming and dacha farming is carried out in accordance with the Land Code of the Russian Federation, taking into account the specifics established by this article.

2. The maximum size of a land plot that is in state or municipal ownership and can be provided for free use to a horticultural or horticultural non-profit association may not exceed the area calculated as the sum of the area of garden or vegetable garden plots and the area of land plots to be classified as property common use.

In order to determine the maximum size of a land plot that is in state or municipal ownership and can be provided for free use to a horticultural or horticultural non-profit association, the area of garden or vegetable garden land plots that will be formed to provide members of a horticultural or horticultural non-profit association is defined as a work the number of members of the said association and the established maximum size of such land plots. The area of land plots to be classified as property of common use is determined in the amount of twenty-five percent of the area of garden or vegetable garden land plots, determined according to the rules provided for by this paragraph.

3. Land plots formed in accordance with the land surveying project from a land plot provided to a horticultural, vegetable gardening or dacha non-profit association are provided to members of such an association in accordance with the distribution of the formed or formed land plots in ownership or lease without bidding in the manner established by the Land the Code of the Russian Federation. Garden, vegetable garden or summer cottage land plots are provided for ownership free of charge in cases established by federal laws, laws of the constituent entities of the Russian Federation.

4. The distribution of formed or formed land plots between members of a horticultural, vegetable gardening or suburban non-profit association, to which land plots are provided in accordance with paragraph 3 of this article, indicating the conditional numbers of land plots according to the land survey project, is carried out on the basis of the decision of the general meeting of the members of the relevant association ( meeting of commissioners).

Article 15. Restrictions on the provision of garden, vegetable garden and suburban land plots

Article 15 became invalid on March 1, 2015 in accordance with Federal Law No. 171-FZ dated June 23, 2014.

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

Article 16. Creation of a horticultural, horticultural or suburban non-profit association

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

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

3. The constituent document of a horticultural, vegetable gardening or summer cottage non-profit association is the charter approved by the general meeting of the founders of the non-profit association.

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

organizational and legal form;

name and location;

the subject and purpose of the activity;

the procedure for admission to membership of such an association and withdrawal from it;

the rights and obligations of such an association;

the rights, duties and responsibilities of the members of such an association;

the procedure for establishing the size of membership fees. This procedure may provide for, inter alia, the establishment of the size 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 immovable property belonging to him and located on this land plot;

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

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

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

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

the procedure for the formation of the property of such an association and the procedure for the payment of the value of a part of the property or the issuance of a part of the property in kind in the event of a citizen's withdrawal from the members of such an association or the liquidation of such an association;

the terms of remuneration of employees who have entered into employment contracts with such an association;

the procedure for changing the charter of such an association;

the grounds and procedure for exclusion from the members of such an association and the application of other measures of influence for violation of the charter or the rules of the internal order of such an association;

the procedure for reorganization and the procedure for liquidating such an association, the procedure for its entry into associations (unions) of horticultural, vegetable gardening or dacha non-profit associations, the procedure for opening its representative office;

the procedure for maintaining the register of members of a horticultural, vegetable gardening or dacha non-profit association (hereinafter also referred to as the register of members of the association);

the procedure for providing the members of such an association with information on the activities of the management bodies and the control body of such an association.

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

The charter of a horticultural, vegetable gardening or dacha non-profit partnership also specifies the procedure for the formation of a special fund, which is the property of such a partnership.

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

6. The decisions of the governing bodies of a horticultural, vegetable gardening or dacha non-profit association cannot contradict its charter.

Article 17. State registration of a horticultural, horticultural or suburban non-profit association

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

Article 18. Membership in a horticultural, horticultural or suburban non-profit association

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

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

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

3. Foreign citizens and stateless persons may become members of horticultural, vegetable gardening or summer cottage non-profit associations. The rights of foreign citizens and stateless persons to garden, vegetable garden, summer cottages are determined in accordance with the legislation of the Russian Federation.

4. The founders of a horticultural, horticultural or dacha non-profit association shall be deemed to have become members of such an association from the moment of its state registration. Other persons entering into such an association are admitted to its membership by a general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association.

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

Article 19. Rights and obligations of a member of a horticultural, horticultural or suburban non-profit association

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

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

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

2.1) get acquainted with the documents related to the activities of the association, provided for by paragraph 3 of Article of this Federal Law, and receive copies of such documents;

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

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

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

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

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

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

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

10) carry out other actions not prohibited by law.

2. A member of a horticultural, horticultural or suburban non-profit association is obliged:

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

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

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

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

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

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

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

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

9) participate in events held by such an association;

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

11) comply with the decisions of the general meeting of members of such an association or a meeting of authorized representatives and decisions of the board of such an association;

11.1) within ten days from the date of termination of the rights to the land plot belonging to him in writing, notify the board of the horticultural, vegetable gardening or dacha non-profit association about this;

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

Article 19.1. Register of members of a horticultural, vegetable gardening or dacha non-profit association

1. Not later than one month from the date of state registration of a horticultural, vegetable gardening or summer cottage 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 are carried out in accordance with this Federal Law and the legislation of the Russian Federation on personal data.

3. The register of association members must contain:

1) last name, first name, patronymic (if any) of a member of such an association;

2) postal address and (or) address Email by which a member of such an association can receive messages;

3) the cadastral (conditional) number of the land plot, the rightholder of which is a member of such an association (after the distribution of land plots among the 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 information that is reliable and necessary for maintaining the register of members of the association and promptly inform the board of the association about changes in the specified information.

Chapter V. Management of horticultural, horticultural and suburban non-profit associations

Article 20. Governing bodies of a horticultural, vegetable gardening or summer cottage non-profit association

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

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

2. A horticultural, vegetable gardening or dacha non-profit association shall have the right to hold a general meeting of its members in the form of a meeting of authorized representatives.

The authorized horticultural, vegetable gardening or dacha non-profit association is elected from among the members of such an association and cannot delegate the exercise of their powers to other persons, including members of a horticultural, vegetable gardening or dacha non-profit association.

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

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

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

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

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

Article 21. Competence of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized representatives)

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

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

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

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

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

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

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

12) approval of the income and expense estimate of such an association and making decisions on its implementation;

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

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

17) approval of the lists of members of a horticultural, vegetable gardening or summer cottage non-profit association;

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

19) approval of the project for the planning of the territory and (or) the project for surveying the territory of the horticultural, vegetable gardening or dacha non-profit association.

2. A general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (a meeting of authorized representatives) shall be convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized representatives) shall be held by a decision of its board, at the request of the audit commission (auditor) of such an association, as well as at the proposal of a local self-government body or at least one fifth of the total number of members of such an association. An extraordinary general meeting of the members of such an association (meeting of authorized representatives) on the issue of early termination of the powers of the chairman of the board of the corresponding association or early re-election of members of the board of the corresponding association may be held in the absence of a decision of the management board to hold this meeting, provided that the procedure for notifying the members of the relevant association of holding this meeting.

If the board of a horticultural, vegetable gardening or dacha non-profit association adopts a decision to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives), the said general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (a meeting of authorized representatives) must be held no later than thirty days from the date receipt of a proposal or request for its implementation. If the board of a horticultural, horticultural or suburban non-profit association has decided to refuse to hold an extraordinary general meeting of members of such an association (a meeting of authorized representatives), it informs in writing the audit commission (auditor) of such an association or members of such an association or a local government body, requiring an extraordinary general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives), on the reasons for the refusal.

Notification of members of a horticultural, vegetable gardening or dacha non-profit association about holding a general meeting of its members (a meeting of authorized representatives) can be carried out in writing (postcards, letters), through appropriate messages in the media, as well as by placing relevant announcements on information boards located on the territory of such an association, unless a different notification procedure is established by its charter. A notice of a general meeting of members of such an association (a meeting of authorized representatives) shall be sent no later than two weeks before the date of its holding. The notice on the holding of a general meeting of members of such an association (meeting of authorized representatives) must indicate the content of the issues to be discussed.

3. If necessary, the decision of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association may be made by absentee voting (by poll).

Article 22. Management Board of a horticultural, horticultural or suburban non-profit association

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

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

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

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

2. Meetings of the board of a horticultural, horticultural or summer cottage non-profit association shall be convened by the chairman of the board within the time frame established by the board, as well as as necessary.

Meetings of the Management Board are competent if attended by at least two thirds of its members.

The decisions of the board of a horticultural, vegetable gardening or dacha non-profit association are binding on all members of such an association and its employees who have entered into employment contracts with such an association.

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

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

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

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

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

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

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

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

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

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

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

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

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

13) hiring persons in such an association under labor contracts, dismissing them, encouraging and imposing penalties on them, keeping records of employees;

14) control over the timely payment of entrance, membership, target, share and additional contributions;

15) execution of transactions on behalf of such a combination;

16) rendering assistance to the members of such an association in the donation of agricultural products to orphanages, boarding schools for the elderly and disabled, preschool educational institutions;

17) implementation foreign economic activity such an association;

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

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

20) maintaining the register of the members of the association.

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

Article 23. Powers of the chairman of the board of a horticultural, vegetable gardening or summer cottage non-profit association

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

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

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

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

1) presides over the meetings of the board;

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

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

4) on the basis of the decision of the management board, conclude transactions and open accounts of such an association in banks;

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

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

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

8) consider the applications of the members of such an association.

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

Article 24. Liability of the chairman of the board of a horticultural, vegetable gardening or summer cottage non-profit association and members of its board

1. The chairman of the board of a horticultural, vegetable gardening or dacha non-profit association and members of its board, when exercising their rights and fulfilling the established duties, must act in the interests of such an association, exercise their rights and fulfill the established duties in good faith and reasonably.

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

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

Article 25. Control over the financial and economic activities of a horticultural, vegetable gardening or suburban non-profit association

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

The procedure for the work of the auditing commission (auditor) and its powers are regulated by the regulations on the auditing commission (auditor), approved by the general meeting of members of such an association (meeting of authorized representatives).

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

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

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

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

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

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

4) report to the general meeting of the members of such an association (meeting of authorized representatives) on all revealed violations in the activities of the management bodies of such an association;

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

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

Article 26. Public control over compliance with legislation

1. In order to prevent and eliminate pollution of surface and underground waters, soil and atmospheric air with solid municipal waste and wastewater, compliance with sanitary and other rules for maintaining land plots related to public property, garden, vegetable garden and suburban land plots and adjacent to them territories, ensuring compliance with fire safety rules during the operation of stoves, power grids, electrical installations, fire extinguishing equipment, as well as in order to protect monuments and objects of nature, history and culture at a general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized persons), a commission of such an association for monitoring compliance with the law, which operates under the direction of the board of such an association.

2. The commission of a horticultural, horticultural or dacha non-profit association for monitoring compliance with legislation provides advice to the members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forest, water legislation, legislation on urban planning, on sanitary and epidemiological well-being of the population, on fire safety, draws up acts on violations of the law and submits such acts for taking measures for consideration by the board of such an association, which has the right to submit them to state bodies exercising state control (supervision) in the relevant areas of activity.

State bodies exercising state control (supervision) in the relevant areas of activity provide advice and practical assistance to the members of this commission and, without fail, consider the submitted acts on violations of the law.

3. Clause 3 of Article 26 has ceased to be in force in accordance with Federal Law No. 307-FZ of October 14, 2014.

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

Article 27. Conducting office work in a horticultural, horticultural or suburban non-profit association

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

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

3. Members of a horticultural, horticultural or dacha non-profit association and citizens engaged in horticulture, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association, at their request, should be provided for review:

1) the charter of a horticultural, vegetable gardening or suburban non-profit association, amendments made to the charter, a certificate of registration of the corresponding association;

2) the accounting (financial) statements of the association, the income and expense estimate of the association, the report on the execution of this estimate;

3) minutes of general meetings of members of a horticultural, vegetable gardening or dacha non-profit association (meetings of authorized representatives), meetings of the board, the audit committee (auditor) of the association, the committee of the association for monitoring compliance with legislation;

4) documents confirming the results of voting at a general meeting of members of a horticultural, vegetable gardening or dacha non-profit association, including voting ballots, powers of attorney for voting, as well as decisions of the members of the association when holding a general meeting in the form of absentee voting;

5) documents of title to public property;

6) other internal documents provided for by the charter of a horticultural, vegetable gardening or summer cottage non-profit association of citizens and decisions of the general meeting of the members of the association.

4. A horticultural, horticultural or dacha non-profit association is obliged to provide a member of the association, a citizen conducting gardening, horticulture or dacha farming on an individual basis in the territory of such an association, upon their request, copies of the documents specified in paragraph 3 of this article. The fees charged by the association for the provision of copies cannot exceed the cost of making them. The provision of copies of the documents specified in paragraph 3 of this article to the local government body on the territory of which such an association is located, to the state authorities of the corresponding constituent entity of the Russian Federation, judicial authorities and law enforcement agencies shall be carried out in accordance with their requests in writing.

Chapter VI. Peculiarities of granting ownership and turnover of garden, vegetable garden and suburban land plots

Chapter VI became invalid on March 1, 2015 in accordance with Federal Law No. 171-FZ dated June 23, 2014.

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

Clause 3 of Article 32 of the Federal Law (as amended by Federal Law No. 169-FZ of July 1, 2011) was not applied until July 1, 2012 in relation to documents and information used in the framework of public services provided by the executive bodies of state power of the constituent entities of the Russian Federation or territorial state extra-budgetary funds, and municipal services, and in relation to documents and information at the disposal government agencies constituent entities of the Russian Federation, local government bodies, territorial state non-budgetary funds, or organizations subordinate to state bodies or local self-government bodies involved in the provision of state or municipal services, in accordance with Federal Law No. 169-FZ of July 1, 2011.

Article 32. General requirements for the organization and development of the territory of a horticultural, vegetable gardening or suburban non-profit association

1. Organization and development of the territory of a horticultural or dacha non-profit association, division of the land plot provided to the relevant association, are carried out on the basis of a territory planning project and a land survey project.

The organization of the territory of the gardening non-profit association, the division of the land plot provided to the corresponding association is carried out on the basis of the land survey project.

The preparation and approval of the project for the planning of the territory and (or) the project for the land survey of the territory is carried out in accordance with the Urban Planning Code of the Russian Federation. The project for the planning of the territory and (or) the project for surveying the territory of a horticultural, vegetable gardening or dacha non-profit association must be approved by the general meeting of the members of the relevant association (meeting of authorized representatives) prior to their approval.

2. Members of a horticultural, horticultural or dacha non-profit association shall have the right to start using garden, vegetable garden or dacha land plots, with the exception of the construction of buildings, structures, structures, before the ownership of such land plots arises or their lease after their formation and distribution among the members of the relevant associations on the basis of the decision of the general meeting of members of the relevant association (meeting of authorized representatives).

Article 33. Standards for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association

Article 33 became invalid on March 1, 2015 in accordance with Federal Law No. 171-FZ dated June 23, 2014.

Article 34. The procedure for the construction of objects for individual (family) and general use in a horticultural, vegetable gardening or dacha non-profit association

1. The construction of buildings and structures in a horticultural, vegetable gardening or summer cottage non-profit association is carried out in accordance with the project for the planning of the territory and (or) the project for land surveying, as well as town-planning regulations.

2. State land supervision over the observance by citizens of the requirements established by land legislation for the use of land plots intended for gardening, truck farming or dacha farming shall be carried out in accordance with land legislation.

Clauses 3 - 5 of Article 34 are no longer in force c March 1, 2015 in accordance with Federal Law No. 171-FZ dated June 23, 2014.

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

Article 35. Forms of support for gardeners, gardeners, summer residents and their horticultural, vegetable gardening and suburban non-profit associations

1. Clause 1 of Article 35 became invalid on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004.

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

1) enter the state federal bodies executive power, executive power bodies of the constituent entities of the Russian Federation, local self-government bodies, specialists in the development of personal subsidiary and dacha farming, gardening and horticulture;

2) subparagraph 2 of paragraph 2 of Article 35 became invalid from January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004;

3) conduct educational and campaigning work in order to popularize the conduct of gardening, truck farming or dacha farming;

4) subparagraph 4 of paragraph 2 of Article 35 has become invalid since January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004;

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

6) subparagraph 6 of paragraph 2 of Article 35 has ceased to be in force since January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004;

7) subparagraph 7 of paragraph 2 of Article 35 has become invalid since January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004;

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

9) establish for gardeners, gardeners, summer residents and their horticultural, horticultural and dacha non-profit associations the rates of payment for electricity, water, gas, telephone set for rural consumers.

3. Bodies of local self-government have the right:

to establish privileges on local taxes for contracting organizations, individual entrepreneurs engaged in the construction of public facilities in horticultural, vegetable gardening and dacha non-profit associations;

to introduce incentives for the payment of travel expenses for gardeners, truck farmers, summer residents and their family members on suburban passenger transport to garden, vegetable garden or summer cottages and back.

4. Bodies of executive power of constituent entities of the Russian Federation, bodies of local self-government, organizations shall have the right:

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

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

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

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

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

6) sell equipment and materials to gardeners, gardeners, summer residents and their horticultural, vegetable gardening and suburban non-profit associations for the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures;

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

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

5. State authorities, local authorities and organizations have the right to support the development of gardening, truck farming and dacha farming in other forms.

Article 36. Procedure for supporting horticultural, horticultural and suburban non-profit associations

1. Provision of subventions, reimbursement of the costs of engineering support of the territories of such associations, land management and organization of territories of horticultural, gardening and dacha non-profit associations made at the expense of targeted contributions of members of horticultural, gardening and dacha non-profit associations, protection of garden, vegetable and dacha land plots against erosion and pollution, compliance with environmental and sanitary requirements, the participation of state authorities and local authorities in the formation of a mutual lending fund, consumer credit unions, a rental fund are carried out in the manner prescribed by article of this Federal Law.

2. Clause 2 of Article 36 has become invalid since January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004 .

3. Clause 3 of Article 36 became invalid on January 1, 2005 in accordance with Federal Law No. 122-FZ of August 22, 2004 .

4. The procedure for the sale of equipment and materials to gardeners, gardeners, summer residents and their horticultural, horticultural and suburban non-profit associations during the demolition, reconstruction and overhaul of residential buildings, residential buildings, utility buildings and structures, providing gardeners, gardeners, summer residents and their gardening, gardening and dacha non-profit associations with products of industrial and technical purpose of state and municipal organizations, waste of construction and other production shall be established by the Government of the Russian Federation.

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

6. Standards of payment for the use of telephone communications, electricity, gas for gardening, truck farming and dacha farming, the introduction of incentives for the payment of travel costs for gardeners, gardeners, summer residents and their family members on suburban passenger transport to garden, vegetable garden or summer cottages and back are established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

7. The procedure for the provision on preferential terms of premises, telephone facilities, office equipment, utilities associations (unions) of horticultural, vegetable gardening and dacha non-profit associations shall be established by local government bodies.

Article 37. Participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local self-government bodies of decisions concerning the rights and legitimate interests of members of such associations

1. The participation of horticultural, vegetable gardening and dacha non-profit associations in the adoption by state authorities or local authorities of decisions concerning the rights and legitimate interests of members of such associations is carried out by delegating representatives of such associations or their associations (union) to meetings of state authorities or local authorities. self-government, making the specified decisions.

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

3. If the decision of a public authority or local self-government body affects the interests of one or several members of a horticultural, vegetable gardening or dacha non-profit association (laying within the boundaries of land plots of members of such an association of engineering networks, installing power transmission towers, etc.), the consent in writing of the owners is required (owners, users) of these land plots.

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

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

Article 38. Assistance of state authorities and local self-government bodies to horticultural, vegetable gardening and dacha non-profit associations

1. Assistance of state authorities and local self-government bodies to horticultural, vegetable gardening or dacha non-profit associations is carried out by making appropriate decisions and concluding agreements on the basis of written requests from horticultural, vegetable gardening or dacha non-profit associations.

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

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

3. State authorities and local self-government bodies are obliged to assist horticultural, vegetable gardening and dacha non-profit associations in:

1) the implementation of work on the construction and repair of roads, power lines, water supply and sewerage systems, gas supply, communications or connection to existing power lines, water supply and sewerage systems; organization of machine-technical stations, rental funds, shops by making decisions on concluding contracts for the performance of relevant work by state and municipal enterprises, on organizing and holding competitions for programs and investment projects development of infrastructures of territories of horticultural, vegetable gardening and dacha non-profit associations, on the implementation of joint projects for the development of infrastructures of the territories of such associations, payment of a share of the cost of maintaining the infrastructures if these infrastructures are intended to serve the population of the corresponding territories or if the engineering infrastructure facilities of such associations are accepted in accordance with the established procedure on the balance sheet of local governments and organizations;

2) ensuring the passage of gardeners, gardeners, summer residents and their families to garden, vegetable and suburban land plots and back by establishing appropriate schedules for suburban passenger transport, organizing new bus routes, organizing and equipping stops, railway platforms, exercising control over the work of suburban passenger transport. passenger transport;

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

Chapter IX. Reorganization and liquidation of a horticultural, vegetable gardening or suburban non-profit association

Article 39. Reorganization of a horticultural, horticultural or suburban non-profit association

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

2. In case of reorganization of a horticultural, vegetable gardening or summer cottage non-profit association, appropriate amendments are made to its charter or a new charter is adopted.

3. In the event of reorganization of a horticultural, vegetable gardening or suburban non-profit association, the rights and obligations of its members are transferred to the legal successor in accordance with the deed of transfer or separation balance sheet, which should contain provisions on succession for all obligations of the reorganized association to its creditors and debtors.

4. The deed of transfer or the separation balance sheet of a horticultural, vegetable gardening or summer cottage non-profit association is approved by the general meeting of the members of such an association and is submitted together with the constituent documents for state registration of newly emerged legal entities or to amend the charter of such an association.

5. Members of the reorganized horticultural, vegetable gardening or dacha non-profit association shall become members of the newly created horticultural, vegetable gardening or dacha non-profit associations.

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

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

8. In the case of state registration of a horticultural, gardening or dacha non-profit association in the form of joining another horticultural, gardening or dacha non-profit association, the first of them shall be considered reorganized from the moment the entry on the termination of the affiliated association is entered into the unified state register of legal entities.

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

Article 40. Liquidation of a horticultural, horticultural or suburban non-profit association

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

2. A claim to liquidate a horticultural, horticultural or suburban non-profit association may be filed in court by a state authority or local government body, which has been authorized by law to file such a claim.

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

Article 41. Procedure for liquidation of a horticultural, vegetable gardening or summer cottage non-profit association

1. A horticultural, horticultural or suburban non-profit association may be liquidated on the basis and in accordance with the procedure provided for The Civil Code Of the Russian Federation, this Federal Law and other federal laws.

2. The general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized persons) or the body that made a decision on its liquidation appoints a liquidation commission and determines the procedure and terms of liquidation of such an association in accordance with the Civil Code of the Russian Federation and this Federal Law.

3. From the moment of the appointment of the liquidation commission, the powers to manage the affairs of the liquidated horticultural, vegetable gardening or dacha non-profit association are transferred to it. The liquidation commission on behalf of the liquidated association acts as its plenipotentiary in government bodies, local government bodies and the court.

4. The body carrying out the state registration of legal entities shall enter into the unified state register of legal entities information that the horticultural, vegetable gardening or summer cottage non-profit association is in the process of liquidation.

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

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

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

The interim liquidation balance sheet is approved by the general meeting of members of the horticultural, vegetable gardening or dacha non-profit association (the meeting of authorized representatives) or by the body that made a decision on its liquidation.

8. After a decision has been made to liquidate a horticultural, vegetable gardening or summer cottage non-profit association, its members are obliged to fully repay the arrears in contributions in the amount and within the timeframe established by the general meeting of the members of such an association (meeting of authorized representatives).

9. If the funds available to the liquidated horticultural, vegetable gardening or dacha consumer cooperative are insufficient to meet the claims of creditors, the liquidation commission has the right to propose to the general meeting of the members of such cooperative (the meeting of authorized representatives) to pay off the existing debt by collecting additional funds from each member of such cooperative or to sell a part or all common property of such a cooperative from a public auction in accordance with the procedure established for the execution of court decisions.

The disposal of the land plot of the liquidated horticultural, vegetable gardening or summer cottage non-profit association is carried out in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

10. If the liquidated horticultural, vegetable gardening or dacha consumer cooperative does not have enough funds to satisfy the creditors' claims, creditors have the right to apply to the court with a claim to satisfy the remaining part of the claims at the expense of the property of the members of such cooperative.

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

12. After completing settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the general meeting of members of the horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) or the body that made a decision to liquidate such an association.

Article 42. Property of a liquidated horticultural, horticultural or suburban non-profit association

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

2. When determining the amount of compensation for a land plot seized for state or municipal needs and the immovable property of a horticultural, vegetable gardening or suburban non-profit association located on it, it shall include the market value of the said land plot and property, as well as all losses caused to the owner of the said land plot and property by their seizure, including losses incurred by the owner in connection with the early termination of his obligations to third parties, including lost profits.

Article 43. Completion of liquidation of a horticultural, horticultural or suburban non-profit association

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

2. Documents and financial statements of a liquidated horticultural, vegetable gardening or dacha non-profit association are transferred for storage to the state archive, which, if necessary, is obliged to allow members of the liquidated association and its creditors to familiarize themselves with the said materials, as well as issue the necessary copies, extracts and certificates at their request.

Article 44. Record on the termination of the activity of a horticultural, vegetable gardening or suburban non-profit association

A record on the termination of the activity of a horticultural, vegetable gardening or dacha non-profit association is made by the body that carries out state registration of legal entities in the manner prescribed by the federal law on state registration of legal entities.

Article 45. State registration of amendments to constituent documents of horticultural, horticultural and suburban non-profit associations

1. State registration of amendments to the constituent documents of horticultural, vegetable gardening and dacha non-profit associations is carried out in the manner prescribed by the law on state registration of legal entities.

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

Chapter X. Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members. Responsibility for violation of the law in the conduct of gardening, truck farming and dacha farming

Article 46. Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members

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

1) the right of ownership, including the right to sell land plots and other property, and other property rights, including the right to life-long inheritable ownership of land plots;

2) the rights associated with joining a horticultural, vegetable gardening or dacha non-profit association, participation in it and withdrawal from it;

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

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

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

1) recognition of their rights;

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

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

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

5) self-defense of their rights;

6) compensation for their losses;

7) other methods provided by law.

Article 47. Liability of gardeners, truck farmers or summer residents for violation of legislation

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

2. A gardener, gardener or summer resident may be deprived of property rights, life-long inherited possession, permanent (indefinite) use, fixed-term use or lease of a land plot for deliberate or systematic violations provided for by land legislation.

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

Article 48. Administrative responsibility of officials of state power bodies, local self-government bodies, state and municipal institutions

Article 48 has ceased to be in force in accordance with Federal Law No. 90-FZ dated May 7, 2013.

Article 49. Responsibility of officials of state power bodies, local self-government bodies for violation of legislation

Officials state authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of duties imposed on them by legislation in connection with the conduct of gardening, truck farming or dacha farming by citizens, are brought to disciplinary, material, civil, administrative and criminal liability in the manner established by federal laws.

Article 50. Criminal liability of officials of state power bodies, local self-government bodies for violation of legislation

Article 50 has ceased to be in force in accordance with the Federal Law of May 13, 2008 No. 66-FZ.

Article 51. Compensation for losses caused to a horticultural, vegetable gardening or dacha non-profit association or its members

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

Chapter XI. Final provisions

Article 52. Entry into force of this Federal Law

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

Article 53. Transitional Provisions

1. The charters of horticultural, horticultural and dacha associations and horticultural, horticultural and dacha cooperatives, created before the entry into force of this Federal Law, shall be brought into conformity with the norms of this Federal Law within five years from the date of its official publication.

2. Horticultural, horticultural and dacha partnerships and horticultural, horticultural and dacha cooperatives are exempt from payment of the registration fee upon state registration of changes in their legal status in connection with their reorganization and bringing the statutes in line with the provisions of this Federal Law.

Article 54. On the abolition of previously adopted laws

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

Article 55. Bringing normative legal acts in accordance with this Federal Law

1. To propose to the President of the Russian Federation and to instruct the Government of the Russian Federation to bring their normative legal acts in accordance with this Federal Law within six months from the date of its entry into force.

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

prepare and submit, in the established manner, proposals on amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;

adopt normative legal acts ensuring the implementation of the provisions of this Federal Law.

The law itself is in the attached file (doc, 255 KB), and below is the name of the chapters and articles of this law.

Federal Law of April 15, 1998 N 66-FZ
"On horticultural, horticultural and suburban non-profit associations of citizens"
(as amended on November 22, 2000, March 21, 2002, December 8, 2003, August 22, November 2, 2004)

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

Chapter I. General Provisions
Article 1. Basic concepts
Article 2. Subject of regulation and scope of this Federal Law
Article 3. Legal regulation of gardening, truck farming and dacha farming by citizens

Chapter II. Forms of citizens' gardening, truck farming and dacha farming
Article 4. Forms of horticultural, horticultural and suburban non-profit associations
Article 5. Name and location of horticultural, vegetable gardening or summer cottage
Article 6. Legal status of horticultural, horticultural or suburban non-commercial
Article 7. Powers of a horticultural, horticultural or suburban non-profit association
Article 8. Conducting gardening, horticulture or dacha farming on an individual basis
Article 9. Associations (unions) of horticultural, horticultural and suburban non-profit associations
Article 10. Representative offices of horticultural, horticultural and dacha non-profit associations and associations (unions) of horticultural, horticultural and dacha non-profit associations
Article 11. Mutual lending funds and rental funds

Chapter III. Territory zoning and provision of garden, vegetable garden and summer cottages
Article 12. Zoning of the territory for the placement of horticultural, horticultural and suburban non-profit associations
Article 13. Determination of the need for land plots for the placement of horticultural, horticultural and suburban non-profit associations
Article 14. Selection and provision of land plots for the placement of horticultural, horticultural and suburban non-profit associations
Article 15. Restrictions on the provision of garden, vegetable garden and suburban land plots

Chapter IV. Creation of horticultural, horticultural and suburban non-profit associations. Rights and obligations of members of horticultural, horticultural and suburban non-profit associations
Article 16. Creation of a horticultural, horticultural or suburban non-profit association
Article 17. State registration of a horticultural, horticultural or suburban non-profit association
Article 18. Membership in a horticultural, horticultural or suburban non-profit association
Article 19. Rights and obligations of a member of a horticultural, horticultural or suburban non-profit association

Chapter V. Management of horticultural, horticultural and suburban non-profit associations
Article 20. Governing bodies of a horticultural, vegetable gardening or summer cottage non-profit association
Article 21. Competence of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized representatives)
Article 22. Management Board of a horticultural, horticultural or suburban non-profit association
Article 23. Powers of the chairman of the board of a horticultural, vegetable gardening or summer cottage non-profit association
Article 24. Liability of the chairman of the board of a horticultural, vegetable gardening or summer cottage non-profit association and members of its board
Article 25. Control over the financial and economic activities of a horticultural, vegetable gardening or suburban non-profit association
Article 26. Public control over compliance with legislation
Article 27. Conducting office work in a horticultural, horticultural or suburban non-profit association

Chapter VI. Features of privatization and turnover of garden, vegetable garden and suburban land plots
Article 28. Peculiarities of privatization of garden, vegetable garden and summer cottages
Article 29. Transactions with garden, vegetable garden and dacha land plots
Article 30. The rights of gardeners, truck farmers and summer residents to dispose of garden, vegetable garden and suburban land plots
Article 31. Turnover of garden, vegetable garden and summer cottages

Chapter VII. Organization and development of the territory of a horticultural, horticultural or suburban non-profit association
Article 32. The procedure for the development of projects for the organization and development of the territory of a horticultural, vegetable garden or summer cottage non-profit association
Article 33. Standards for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association
Article 34. The procedure for the construction of objects for individual (family) and general use in a horticultural, vegetable gardening or dacha non-profit association

Chapter VIII. Support for gardeners, gardeners, summer residents and their horticultural, vegetable gardening and dacha non-profit associations by state authorities, local governments and organizations
Article 35. Forms of support for gardeners, gardeners, summer residents and their horticultural, vegetable gardening and suburban non-profit associations
Article 36. Procedure for supporting horticultural, horticultural and suburban non-profit associations
Article 37. Participation of horticultural, horticultural and dacha non-profit associations in the adoption by state authorities or local self-government bodies of decisions concerning the rights and legitimate interests of members of such associations
Article 38. Assistance of state authorities and local self-government bodies to horticultural, vegetable gardening and dacha non-profit associations

Chapter IX. Reorganization and liquidation of a horticultural, vegetable gardening or suburban non-profit association
Article 39. Reorganization of a horticultural, horticultural or suburban non-profit association
Article 40. Liquidation of a horticultural, horticultural or suburban non-profit association
Article 41. Procedure for liquidation of a horticultural, vegetable gardening or summer cottage non-profit association
Article 42. Property of a liquidated horticultural, horticultural or suburban non-profit association
Article 43. Completion of liquidation of a horticultural, horticultural or suburban non-profit association
Article 44. Record on the termination of the activity of a horticultural, vegetable gardening or suburban non-profit association
Article 45. State registration of changes constituent documents horticultural, horticultural and suburban non-profit associations

Chapter X. Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members. Responsibility for violation of the law in the conduct of gardening, truck farming and dacha farming
Article 46. Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members
Article 47. Liability of gardeners, truck farmers or summer residents for violation of legislation
Article 48. Administrative responsibility of officials of state authorities, local authorities, state and municipal institutions
Article 49. Disciplinary Liability of Officials of State Power Bodies, Local Self-Government Bodies for Violation of Legislation
Article 50. Criminal liability of officials of state power bodies, local self-government bodies for violation of legislation
Article 51. Compensation for losses caused to a horticultural, vegetable gardening or dacha non-profit association or its members

Chapter XI. Final provisions
Article 52. Entry into force of this Federal Law
Article 53. Transitional Provisions
Article 54. About cancellation earlier adopted laws
Article 55. Bringing normative legal acts in accordance with this Federal Law

Active Edition from 07.12.2011

Name document	FEDERAL LAW of 15.04.98 N 66-FZ (as amended on 07.12.2011 with amendments that came into force on 01.01.2013) "ON GARDENING, OGORODNICHESKYCH AND DACENT NON-PROFIT ASSOCIATIONS OF CITIZENS"
Type of document	law
Host body	president of the russian federation, gd rf, sf rf
Document Number	66-FZ
Date of adoption	23.04.1998
Date of revision	07.12.2011
Date of registration with the Ministry of Justice	01.01.1970
Status	acts
Publication	The document has not been published in this form (as revised on 15.04.98 - " Russian newspaper", No. 79, 04/23/98; "Collected Legislation of the Russian Federation", 20.04.98, N 16, Art. 1801; "Financial newspaper", N 19, 05/12/98, N 20, 05/18/98)
Navigator	Notes (edit)

FEDERAL LAW of 15.04.98 N 66-FZ (as amended on 07.12.2011 with amendments that came into force on 01.01.2013) "ON GARDENING, OGORODNICHESKYCH AND DACENT NON-PROFIT ASSOCIATIONS OF CITIZENS"

The second paragraph was recognized as inconsistent with the Constitution of the Russian Federation, its Articles 27 (part 1) and 55 (part 3), insofar as they exclude the possibility of registering citizens at their place of residence in residential buildings that belong to them on the right of ownership, which are suitable for permanent residence and are located on garden land plots related to agricultural land (Resolution of the Constitutional Court of the Russian Federation of 06/30/2011 N 13-P).

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

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

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

entrance fees - funds contributed by members of a horticultural, vegetable gardening or dacha non-profit association for the organizational costs of paperwork;

membership fees - funds periodically contributed by members of a horticultural, vegetable gardening or dacha non-profit association to pay for the labor of employees who have entered into employment contracts with such an association, and other current expenses of such an association;

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

additional contributions - funds contributed by members of a horticultural, vegetable gardening or dacha consumer cooperative to cover losses incurred during the implementation of activities approved by the general meeting of members of the consumer cooperative;

common use property - property (including land plots) intended to provide within the territory of a horticultural, vegetable gardening or suburban non-profit association the needs of members of such a non-profit association in the passage, passage, water supply and drainage, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection grounds, fire-prevention structures, etc.).

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

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

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

Chapter II. FORMS OF CONDUCT BY CITIZENS OF GARDENING, GARDENING AND COTTAGE FARMING

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

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

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

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

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

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

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

be responsible for their obligations with their property;

to acquire and exercise property and non-property rights on its own behalf;

attract borrowed funds;

conclude contracts;

to act as a plaintiff and defendant in court;

create associations (unions) of horticultural, vegetable gardening or summer cottage non-profit associations;

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

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

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

Decisions on the participation of horticultural and interdistrict associations (unions).

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

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

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

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

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

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

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

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

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

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

3. A representative office of a horticultural, vegetable gardening or summer cottage non-profit association or an association (union) of such associations is not a legal entity; union) provisions. The property of the said representative office is in its operational management and is recorded on a separate balance sheet and the balance sheet of the horticultural, vegetable gardening or dacha non-profit association or association (union) of such associations that created it.

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

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

information about the amount of the founder's contribution;

information about the objects of crediting;

the order of priority for granting a loan;

rules for conducting cash transactions;

a list of officials authorized to conduct cash transactions;

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

the procedure for auditing the mutual lending fund;

information about the banks in which the cash of the mutual lending fund is stored.

The rental fund carries out its activities on the basis of the charter approved by the founders.

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

information about the amount of the targeted contribution of the founder;

a list of the means of production purchased for the rental fund;

the procedure for providing gardeners, truck farmers and summer residents with means of production for temporary use;

a list of officials responsible for organizing the work of the rental fund.

Chapter III. ZONING OF THE TERRITORY AND PROVISION OF GARDEN, GARDEN AND COTTAGE LAND PLOTS

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

2. The zoning schemes of territories for the placement of horticultural, horticultural and suburban non-profit associations must contain information about the locations, areas and purpose of land plots, the permitted use of land plots, as well as information about the rights on which land plots in a particular zone are allowed to be granted to citizens ...

(as amended by Federal Law of 26.06.2007 N 118-FZ)

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

3. The customers of the zoning schemes for the location of horticultural, vegetable gardening and dacha non-profit associations are local authorities. The procedure for financing the development of these schemes is determined by local government bodies.

Clause 4 - Abolished.

1. Provision of citizens with garden, vegetable garden and dacha land plots is the responsibility of local government bodies at the place of residence of citizens.

Citizens who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, have a preferential right to receive garden, vegetable garden or summer cottages, are included in a separate list.

Clause 3 - Abolished.

Clause 5 - Abolished.

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

2. The body in charge of the land redistribution fund, taking into account the zoning schemes for the placement of horticultural, vegetable gardening and suburban non-profit associations, offers options for the provision of land plots or gives an opinion on the impossibility of providing land plots.

3. Based on the chosen option for the placement of land plots and their sizes, the local government body, taking into account the wishes of citizens and with their consent, forms personnel members of a horticultural, vegetable gardening or dacha non-profit association.

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

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

The general meeting of members of a gardening non-profit association has the right to make a decision on assigning to such an association as a legal entity all the land plots provided to it.

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

Clause 6 - Abolished.

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

Clause 2 - Abolished.

Chapter IV. ESTABLISHMENT OF GARDENING, GARDEN AND DACENT NON-PROFIT ASSOCIATIONS. RIGHTS AND OBLIGATIONS OF MEMBERS OF GARDENING, GARDENING AND DACENT NON-PROFIT ASSOCIATIONS