Draft of the new Charter of SNT "Grove"

Changes to the Charter of the CH T "Grove". Clarifications

In connection with the entry into force from 01.01.2019 of the Federal Law of July 29, 2017 No. 217-FZ "On the conduct of gardening and truck farming by citizens for their own needs and on amendments to certain legislative acts Russian Federation"(Federal Law No. 217-FZ of July 29, 2017), changes in the Civil Code, we are obliged to amend the Charter.

The general meeting of the members of the Partnership on 07/14/2018 resolved (clause 9 of Protocol No. 1 of 07/19/2018):

"To create a working group to amend the Charter of SNT" Grove "at the general meeting of the members of the Partnership in 2019. Include in the specified working group members of the Management Board and the Audit Commission.

To invite all gardeners - members and non-members of the Partnership - to make their proposals for amending the Charter, justify these proposals, and set a deadline for submitting such proposals - the end of February 2019.

The working group to inform the gardeners of SNT "Grove" the project new edition Of the Charter of SNT "Grove" no later than May 31, 2019, using informational resources installed in SNT "Grove" for posting information. "

Draft of the new edition of the Charterdeveloped on the basis of legislation, taking into account the history of our SNT, experience and features of the SNT. The project is posted for review on the website, in the section ", Documents SNT -> Constituent documents», In the Management Board, at those on duty. Submit your proposals on the draft Charter, report any typos and errors found, and send them to the Board, to the e-mail address of SNT [email protected] Anonymous proposals for the draft charter will not be considered.

Clarifications on amendments to the Articles of Association and articles of laws relating to the partnership property owners:

SNT "Grove" was created in 1988 and, despite the changes in legislation, we must fix in the Charter the initial goals of creating SNT, the subject of its activities and the documents on the basis of which SNT was created.

Due to the fact that laws and their names are changing and, accordingly, in order to avoid a lengthy procedure for changing the Charter, in certain articles of the Charter, instead of "Federal Law dated July 29, 2017 No. 217-FZ", "legislation", "regulatory legal acts" is indicated.

According to new legal requirements, SNT should add the words Association of Real Estate Owners (TSN) to their name. In principle, this does not carry any fundamental changes or consequences for us, and we will not comment on the legislative initiatives.

The Chairman of the Partnership is a new term in accordance with the Federal Law of July 29, 2017 No. 217-FZ, and, in order not to introduce confusion, in our Charter he is also the Chairman of the Board of the Partnership

The text is composed in such a way, sometimes with repetitions of words, in order to exclude any other interpretation as much as possible.

Civil Code of the Russian Federation

(excerpts from articles related to changes in the Charter)

Article 123.12. Basic Provisions on the Real Estate Partnership

1. A partnership of real estate owners is a voluntary association of owners of real estate (premises in a building, including apartment building, or in several buildings, residential houses, garden houses, garden or vegetable garden plots, etc.), created by them for joint possession, use and, within the limits established by law, for the disposal of property (things), by virtue of the law, being in their common ownership or in general use, as well as for the achievement of other purposes stipulated by laws.

2. Articles of Association of Real Estate Owners must contain information about its name, including the words "partnership of real estate owners", location, subject and purpose of its activities, composition and competence of the partnership's bodies and the procedure for making decisions by them, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, as well as other information provided for by law.

3. The Association of Real Estate Owners is not responsible for the obligations of its members. Members of a real estate association are not liable for its obligations.

Article 123.13. Property of a real estate partnership

1. The Association of Real Estate Owners is the owner of its property.

2.1. Common-use property in a horticultural or horticultural non-profit partnership belongs on the basis of common shared ownership to persons who are owners of land plots located within the boundaries of the territory where citizens conduct gardening or horticulture for their own needs, unless otherwise provided by law.

3. Share in the right of common ownership ... to the property of common use located within the boundaries of the territory where citizens are engaged in gardening or horticulture for their own needs, the owner of a garden or vegetable garden plot follows the fate of the ownership right to the said premises or land plot.

Article 123.14. Features of management in a partnership of real estate owners

1. The exclusive competence of the supreme body of the partnership of real estate owners, along with the issues specified in paragraph 2 of Article 65.3 of this Code, also includes the adoption of decisions on the establishment of the amount of compulsory payments and contributions of members of the partnership.

2. In the partnership of real estate owners, a sole executive body (chairman) and a permanent collegial executive body (board) are created.

By the decision of the supreme body of the partnership of real estate owners (paragraph 1 of Article 65.3), the powers of the permanent bodies of the partnership may be terminated ahead of schedule in cases gross violation by them of their duties, revealed inability to conduct business properly or if there are other serious reasons.

Federal Law dated July 29, 2017 No. 217-FZ

Article 4. Organizational and legal form of a non-profit organization created by citizens for gardening or horticulture

3. Horticultural or horticultural non-profit partnership is an type of real estate partnership.

Article 54. Transitional Provisions

1. Reorganization of non-profit organizations created by citizens for horticulture, truck farming or dacha farming prior to the entry into force of this Federal Law is not required, except for the cases established by this article.

2. From the date of entry into force of this Federal Law, the provisions of this Federal Law on horticultural non-commercial partnerships shall apply to horticultural or dacha non-commercial partnerships created prior to the entry into force of this Federal Law until their charters are brought into conformity with this Federal Law.

5. The constituent documents, as well as the names of the organizations specified in part 1 of this article, shall be brought into conformity with this Federal Law at the first change constituent documents of these organizations. The constituent documents of the said organizations, until they are brought into conformity with this Federal Law, are valid in the part that does not contradict this Federal Law.

6. Changes in the names of the organizations specified in Part 1 of this Article, in connection with their bringing in compliance with this Federal Law, do not require changes to be made to the title and other documents containing their previous names. The introduction of such changes can be carried out at the request of interested parties.
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Membership in the Partnership

A distinction should be made between the following statuses: gardener and gardener-member of the Association... All owners of plots that are owned or owned or used are gardeners. A gardener can receive the status of a member of the Association after accepting him as a member of the Association. So, in accordance with the Charter of SNT and No. 66-FZ:

Members of the Partnership may be citizens of the Russian Federation who have reached the age of 18 and have land plots within the boundaries of the Partnership.
- Members of the Partnership may become the heirs of the gardener, 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.

Along with this, it should be noted that founders horticultural, horticultural or suburban non-profit association considered accepted as members of such an association since its state registration... Other persons entering into such an association are admitted to its members by the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association.

Thus, admission to members of the Partnership after the sites were initially allocated and assigned to the members of the Partnership is carried out only at the general meeting of the members of the Partnership and belongs to the exclusive competence of such a meeting.

Based on the foregoing, those gardeners who are not a member of the Association may submit application for membership in the Partnership. The application form is attached (see at the end of the page). Those gardeners who are not sure of their status can approach the Board for clarification.

The question may arise, what "gives" membership in the Partnership, what are the advantages or disadvantages of such a status? The answer can be regarded by everyone in different ways, depending on the person's warehouse. In any case, any status implies both rights and obligations. Therefore, here we give the answer in the form of a list of basic rights and obligations, as follows from the Charter of the Partnership and the law.

Enlarged and in simple words:
Rights:

Make decisions related to the life and activities of the Partnership, for example, elect the Board, consider issues related to the estimate, the amount of contributions, items of expenditure
-become a member of the Management Board and Chairman of the Management Board
- to receive information about the activities of the management bodies of the Partnership
-to accept in and exclude from the members of the Partnership
- consider any issues related to the activities of the Partnership and make decisions on them
- go to court to invalidate the decisions of the general meeting, decisions of the board and other bodies of the Partnership that violate its rights and legitimate interests

Responsibilities:
- timely pay membership and other fees provided for by No. 66-ФЗ and the Charter, taxes and payments
-participate in events held by the Partnership
-participate in general meetings of members of such an association
- to carry out 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

Rights and obligations in more detail - in Federal Law No. 66, Article 19, Charter, Article 6

It should be noted that the actual number of members of the Partnership was not recorded since ancient times. The current Board, elected at the general meeting on August 11, 2012, is addressing this issue.

Those gardeners who have been living in the "Grove" for a long time probably remember that in different documents, and just "by hearing" the number of members of the Association is 349. However, this is not so. To begin with, simple arithmetic: 349 is the last number of the site in our "Grove"; some own more than one site, for example, five SNT members own two plots, which means that SNT members are already five fewer, since the number of sites remains unchanged - 349, some site owners - SNT members, unfortunately, have died, there are those who sold the plots , and the new owners did not become members of SNT, there are plots that do not belong to anyone, etc. Thus, it is obvious that the number of members of our Fellowship is not 349.

We will definitely bring membership in "Grove" in accordance with the Charter of our Partnership and the Law. We will be careful when admitting to the Partnership, so that there are fewer of those who, having the status of a member of the Partnership, will do more harm than good.

Application form for membership in SNT "Grove"
Download

- What documents do you have?
- Mustache, paws and tail - these are my documents! Matroskin the cat

Basic documents of a horticultural partnership

Horticultural non-profit associations (partnerships) of citizens are recognized by law a separate species non-profit organizations.

Gardening charter

The founding document of a horticultural partnership is the edition of the Charter, which is approved at the general meeting of the founders. The edition of the Charter of a horticultural partnership must comply with the requirements of the laws of the Russian Federation "On non-profit organizations", as well as "On horticultural, vegetable gardening and dacha non-profit associations citizens ".

In 2013, the boundaries of common horticultural lands were surveyed.

TIN certificate

Gardening non-profit partnership "Sadovoe" is registered in mandatory tax office Vsevolozhsky district. Identification number of SNT "Sadovoe" as a taxpayer (TIN) -. The original TIN Certificate is currently absent in the folder of constituent documents SNT /

Gardening non-profit partnership "Sadovoe" was registered in the unified state register of legal entities (USRLE) in August 2004 with the name "Gardening non-profit partnership" Sadovoe "Peri" by the Inspectorate of the Ministry of the Russian Federation for Taxes and Duties of the Vsevolozhsm District of the Leningrad Region. The certificate of entry of gardening into the unified state register of legal entities (USRLE) and an extract from this register are available in the folder of the constituent documents of SNT.

OGRN is the main state registration number of the creation record legal entity... The OGRN code consists of 13 digit-characters. This code S GG KK NN XXXXX H stands for as follows:
WITH(1st from the left digit) - a sign of attribution of the state registration number records to the OGRN, usually 1 or 5;
Yy- the last two digits of the year of entry into the state register;
QC- the ordinal number of the constituent entity of the Russian Federation according to the list of constituent entities of the Russian Federation established by article 65 of the Constitution of the Russian Federation;
NN- code of the number of the interdistrict tax inspectorate that issued the OGRN to the legal entity;
XXXXX- number of the entry entered into the state register during the year;
H- check number, represents the least significant bit of the remainder of the division of the previous 12-digit number by 11 .;

The original of the OGRN Certificate is currently not in the folder of the constituent documents of SNT.

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

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

Garden land plot - a land plot provided to a citizen or acquired by him for the cultivation of fruit, berry, vegetable, melon 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 land plot - a land plot provided to a citizen or acquired by him for the cultivation of berries, vegetables, melons and 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 under zoning of the territory);

Dacha land plot - 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, berry , vegetables, melons or other crops and potatoes);

A horticultural, horticultural or dacha non-profit association of citizens (a horticultural, horticultural or dacha non-profit partnership, a horticultural, horticultural or dacha consumer cooperative, a horticultural, horticultural or dacha non-profit partnership) - 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);

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

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

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 the 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 ensure, 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, 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 grounds, 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 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.

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, 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.

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

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 bodies local government.

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 35, 36 and 38 of 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 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 activities that correspond to the goals for the achievement of which it was created.

2. A horticultural, vegetable gardening or dacha non-profit association is considered established 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.

3. A horticultural, horticultural or dacha non-profit association shall have the right to open bank accounts in the Russian Federation in accordance with the established procedure, 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:

Carry out 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;

Acquire and exercise property and non-property rights on its own behalf;

Attract borrowed funds;

Conclude contracts;

To act as a plaintiff and a defendant in court;

Apply to a court, an arbitration court with applications for invalidation (in whole or in part) of 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, horticultural 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, truck farming 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 on the territory of a horticultural, horticultural or dacha non-profit association have the right to use infrastructure facilities and other common property of a horticultural, vegetable garden or dacha non-profit association for a fee on the terms of contracts concluded with such an association v writing in the manner determined by the general meeting of members of a horticultural, vegetable gardening or dacha non-profit association.

In the event of non-payment of the fees established by contracts 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 suburban non-profit association shall be collected in judicial procedure.

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 suburban 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, 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 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, articles of association and articles of 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 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 summer cottage 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 located in its operational management and is recorded 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, gardeners and summer residents have the right to create mutual lending funds, rental funds, other funds in the manner prescribed The Civil Code Russian Federation.

2. Mutual lending funds are created in order 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;

Scroll officials authorized to conduct cash transactions;

Compliance control procedure cash discipline and responsibility for its violation;

The procedure for auditing a 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;

List of 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;

List of officials responsible for organizing the work of the rental fund.

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

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 ...

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.

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 accounting of applications of citizens who need to obtain garden, vegetable garden 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 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, have a preferential right to receive garden, vegetable garden or summer cottages, 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 and brought to the attention of interested citizens.

3. Abolished.

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. Abolished.

Article 14. Selection and provision of land plots for placement of horticultural, horticultural and suburban non-profit associations

1. The local self-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 self-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.

6. Abolished.

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

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 areas, territories with registered deposits of minerals, especially valuable agricultural land, reserve areas 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).

2. Abolished.

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;

Subject and objectives 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;

Rights, duties and responsibilities of members of such an association;

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;

Terms of remuneration for 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 the liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, vegetable gardening or summer cottage non-profit associations, the procedure for opening its representative office.

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 dacha 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, vegetable gardening or summer cottage non-profit partnership (gardening, gardening or country non-profit partnership).

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

2. Members of a horticultural, horticultural or dacha non-profit association may, in accordance with civil law, 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 can 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 members by the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association.

5. Each member of a horticultural, horticultural or suburban 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 suburban 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;

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; a residential building or a 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) in case of alienation of a garden, vegetable garden or summer cottage land plot, simultaneously alienate to the acquirer a share of the property of common use as part of a gardening, vegetable gardening 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 suburban non-profit association, receive the due share of the property of common use;

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;

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

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 the 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. The following issues fall within the exclusive competence of the general meeting of members of the horticultural, vegetable gardening and dacha 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 board of such an association, election of members of its board and early termination of their powers;

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

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

6) election of members of the commission for 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.

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.

2. A general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (a meeting of authorized representatives) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (a meeting of authorized 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 government body or at least one fifth of the total number of members of such an association.

The board of a horticultural, vegetable gardening or dacha non-profit association is obliged, within seven days from the date of receipt of a proposal from a local government body or at least one fifth of the total number of members of such an association or a request from 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 the 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 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.

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 (a 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 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.

A general meeting of members of a horticultural, vegetable gardening or dacha non-profit association (meeting of authorized representatives) is 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 the 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 adopted 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 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 dacha 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 absentee voting procedure.

A general meeting of members of a horticultural, vegetable gardening or dacha non-profit association cannot be held in absentia if the agenda includes issues of approval of income and expense estimates, reports of the board and the audit commission (auditor) of such an association.

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

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

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, vegetable gardening or summer cottage non-profit association shall be convened by the chairman of the board at the time specified by the board, and also 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) recruitment to such an association of persons labor contracts, their dismissal, encouragement and imposition of 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 houses 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.

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 to first sign 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, in 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, the 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 the 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 a horticultural, vegetable gardening or dacha non-profit association and its members, or upon revealing abuses by members of the board of such an association and the chairman of the board, the audit commission (auditor), within the limits of its powers, has the right to convene an extraordinary general meeting of 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 household waste and sewage, compliance with sanitary and other rules for maintaining land plots related to common property, garden, vegetable garden and summer cottages and adjacent territories , ensuring compliance with fire safety rules during the operation of stoves, power grids, electrical installations, fire extinguishing means, 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 dacha non-profit association (meeting of authorized representatives), a commission of such an association may be elected for monitoring compliance with the law, which works 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 government bodies exercising control over the observance of the legislation.

The state bodies exercising control over the observance of the legislation provide advice and practical assistance to the members of this commission and, without fail, consider the submitted acts on violations of the law.

3. Members of the commission of a horticultural, vegetable gardening or dacha non-profit association for monitoring compliance with legislation in the prescribed manner may be appointed public inspectors of state bodies exercising control over compliance with legislation, and endowed with the appropriate powers.

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 legislation 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. Copies of the minutes of general meetings of members of a horticultural, vegetable gardening or summer cottage non-profit association, meetings of the board, the auditing commission (auditor) of such an association, the commission of such an association for monitoring compliance with legislation, certified extracts from these protocols are submitted for familiarization to the members of such an association at their request, as well as 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 and law enforcement bodies, organizations in accordance with their written requests.

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

Article 28. Specifics of granting ownership of land plots to gardeners, truck farmers, summer residents and their horticultural, vegetable gardening and dacha non-profit associations

1. Granting ownership of land plots to gardeners, truck farmers, summer residents and their horticultural, vegetable gardening and dacha non-profit associations that have received such land plots from lands in state or municipal ownership, is carried out without bidding for a fee or free of charge in cases established by federal laws , the laws of the constituent entities of the Russian Federation.

2. Land plots related to common-use property shall be transferred to the ownership of a horticultural, vegetable gardening or suburban non-profit association free of charge.

3. Citizens who own garden, vegetable garden or summer cottage land plots on the basis of the right of inherited life possession or permanent (unlimited) use are entitled to register ownership of such land plots in accordance with Article 25.2 of the Federal Law of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it. " Decision-making on granting the said citizens ownership of such land plots is not required in this case.

4. In the event that a land plot constituting the territory of a horticultural, vegetable gardening or dacha non-profit association is provided to this non-profit association or other organization under which this non-profit association was created (organized) before the entry into force of this Federal Law, a citizen who is a member of this a non-profit association has the right to acquire free of charge a land plot provided to it in accordance with the project for the organization and development of the territory of this non-profit association or by another document establishing the distribution of land plots in this non-profit association. In this case, the granting of such a land plot to the ownership of this citizen is carried out by the executive body of state power or local self-government body, which has the right to provide such a land plot, on the basis of an application by this citizen or his representative. TO this statement the following documents are attached:

Description of the location of such a land plot prepared by this citizen;

The conclusion of the board of this non-profit association, which indicates the citizen to whom such a land plot is assigned, and confirms the compliance of the specified description of the location of such a land plot with the location of the land plot actually used by the citizen.

In the event that previously none of the members of this non-profit association has applied for the granting of a land plot for ownership, the said body independently requests:

Information about the documents of title to the land plot constituting the territory of this non-profit association in the federal body executive power authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with it (in other cases, the specified information is requested from the applicant);

Information about this non-profit association, contained in the unified state register of legal entities, in the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) households.

5. The granting of ownership of a land plot related to common property is carried out by an executive body of state power or a local self-government body that has the right to provide such a land plot, on the basis of an application submitted by a person who has the right to act without a power of attorney on behalf of a horticultural, horticultural or dacha non-profit association or an authorized general meeting of members of this non-profit association (meeting of authorized representatives) to submit the specified application, in accordance with the decision of the general meeting of members of this non-profit association (meeting of authorized representatives) on the acquisition of such a land plot into the ownership of this non-profit association. The following documents are attached to this application:

Description of the location of such a land plot, prepared by a horticultural, horticultural or suburban non-profit association;

Extract from the decision of the general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (meeting of authorized representatives) on the acquisition of a land plot related to common property in the ownership of this non-profit association;

Constituent documents of a horticultural, vegetable gardening or dacha non-profit association (originals or notarized copies), confirming the applicant's right to act on behalf of this non-profit association without a power of attorney, or an extract from the decision of the general meeting of members of this non-profit association (meeting of authorized representatives), in accordance with which the applicant was authorized to file the said application.

Information about the documents of title to the land plot that makes up the territory of this non-profit association is requested by the executive authority and the local self-government body having the authority to provide the said land plot with the federal executive body authorized to state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with It (in other cases, the specified information is requested from the applicant).

6. The executive body of state power or local self-government body, which has the right to provide the relevant land plot, within two weeks from the date of receipt of the application and the necessary documents in accordance with paragraph 4 or 5 of this article, is obliged to make a decision on granting ownership of such a land plot or on refusal in its provision.

The basis for refusal to grant ownership of a land plot is a ban on granting a land plot for private ownership established by federal law.

Article 29. Abolished.

Article 30. Abolished.

Article 31. Turnover of garden, vegetable garden and summer cottages

The turnover of garden, vegetable garden and suburban land plots is regulated by civil legislation, unless otherwise provided by land legislation.

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

1. Development of projects for the organization and development of the territory of a horticultural, vegetable gardening or suburban non-profit association is carried out in accordance with the land use and development rules established by land and town planning legislation, the system of state urban planning standards and rules.

2. A horticultural, horticultural or dacha non-profit association as a legal entity has the right to proceed with the arrangement of the land plot allocated to it (construction of access roads, fences, land reclamation and other works) after the issuance of documents certifying the right of such an association to the land plot.

Members of a horticultural, horticultural or dacha non-profit association have the right to start using garden, vegetable garden or dacha land plots after the design of the organization and development of the territory of such an association has been taken out in nature and approved by the general meeting of its members (a meeting of authorized representatives) of the distribution of garden, vegetable garden or dacha land plots between the members. such a union.

A gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens on the basis of ownership, has the right to start using the allocated land plot without drawing up a project for organizing and building up the territory of such an association.

3. A project for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association is drawn up on the basis of a request from its board. Attached to the said application are:

Topographic survey materials, and, if necessary, materials of engineering and geological surveys;

Architectural planning task;

Technical conditions for engineering support of the territory of such an association.

The project for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association is agreed with such an association, which ordered this project, and is approved within two weeks by the local government body on the territory of which the land plot is allocated.

Documents required for approval and approval project documentation are:

Project for the organization and development of the territory of a horticultural, vegetable gardening or summer cottage non-profit association with an explanatory note;

Estimated financial calculations;

Graphic materials on a scale of 1: 1000 or 1: 2000, containing a master plan for the development of the territory of a horticultural, vegetable gardening or dacha non-profit association, a drawing of transferring the specified project to the area, a diagram of engineering networks.

Copies of the project for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government.

Information about the documents certifying the right of such an association to land is requested from the federal executive body authorized for state registration of rights to real estate and transactions with it, if such information is contained in the Unified State Register of Rights to Real Estate and Transactions with it (in other in cases, the specified information is requested from a horticultural, vegetable gardening 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

1. Standards for the organization and development of the territory of a horticultural, vegetable gardening or suburban non-profit association are established by local authorities in the manner prescribed by town planning legislation, taking into account their natural, socio-demographic, national and other characteristics. The basis for this is the basic standards for the organization and development of the territory of such associations, established by federal executive bodies and necessary to comply with environmental, land legislation, legislation on urban planning, sanitary and epidemiological welfare of the population, and fire safety.

2. The main standards for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association in accordance with urban planning legislation are:

Number and size of access and internal roads;

Minimum distances between buildings, structures, structures and boundaries of land plots;

Type of water supply sources;

Technical characteristics of the engineering support of the territory of such an association;

List of required fire-fighting facilities;

List of security measures environment.

Depending on the specific conditions, other standards for the organization and development of the territory of a horticultural, vegetable garden or dacha non-profit association may additionally be applied.

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 organization and development of its territory.

2. Control over compliance with the requirements for the construction of buildings and structures in a horticultural, horticultural or suburban non-profit association is carried out by the board of such an association, as well as by inspectors of state bodies exercising control over compliance with the law, in the manner of author's supervision, the organization that developed the project for the organization and development of the territory of such an association , local government bodies.

3. The type of materials and structures used in the construction of buildings, structures and engineering infrastructure facilities is determined by the horticultural, vegetable gardening or dacha non-profit association and its members independently in accordance with the project for organizing and developing the territory of such an association.

4. The erection by citizens on garden, vegetable garden or summer cottage land plots of buildings and structures exceeding the dimensions established by the project for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association for these buildings and structures, is allowed after approval by the local government body of projects for the construction of these buildings and structures in the manner prescribed by urban planning legislation.

5. Violation of the requirements of the project for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association is the basis for bringing such an association, as well as its members who have committed a violation, to responsibility in accordance with this Federal Law and other federal laws.

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

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

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

1) to introduce into the staff of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies specialists on the development of personal subsidiary and dacha farming, gardening and horticulture;

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

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;

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 earmarked 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:

Establish local tax incentives for contractors, individual entrepreneurs carrying out the construction of public facilities in horticultural, horticultural and suburban non-profit associations;

Introduce benefits for the payment of travel costs 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 the 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, horticultural 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 during demolition, reconstruction and overhaul 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 self-government bodies 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 suburban 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 from erosion and pollution, compliance with environmental and sanitary requirements, 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 35 of this Federal Law.

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 benefits 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 to 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 regarding 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 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 the structures located on them, the production of boundary plans of the indicated 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 government is obliged to make a decision and notify in writing of the decision the applicant.

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

1) 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 the prescribed manner 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, monitoring the work of suburban passenger transport;

3) ensuring fire and sanitary safety, environmental protection, 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 for monitoring compliance with the requirements of the legislation, which include representatives of horticultural, vegetable gardening or dacha non-profit associations, state authorities and local self-government bodies.

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 must contain provisions on succession for all obligations of the reorganized association to its creditors and debtors.

4. A deed of transfer or 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 along with the constituent documents for state registration of newly emerged legal entities or for amending 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, horticultural 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 to it another horticultural, vegetable gardening or dacha non-profit association, the first of them is 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, horticultural or suburban 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, vegetable gardening or dacha non-profit association may be liquidated on the basis and in the manner prescribed by 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, in accordance with the Civil Code of the Russian Federation and this Federal Law, the procedure and terms for liquidating such an association.

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 filing 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 to the horticultural, vegetable gardening or dacha non-profit association, the 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 satisfy 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. In the event that 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 immovable property owned by a horticultural, vegetable gardening or suburban 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 real estate was transferred to the members of such an association in equal shares.

2. When determining the redemption price of a land plot and the real estate of a horticultural, horticultural or dacha non-profit association located on it, it includes 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 to the state archive for storage, 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, gardeners 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 authorities, local authorities, state and municipal institutions

1. Officials of state authorities, local self-government bodies, state and municipal institutions may be subject to an administrative penalty in the form of a warning or a fine for the following violations of land legislation:

1) consideration of applications (petitions) of citizens for the provision of garden, vegetable garden or summer cottages in violation of the terms established by law; concealment of information about the availability of free land fund in the zones where horticultural, vegetable gardening or dacha non-profit associations are located;

2) violation of the requirements of the approved urban planning documentation in the allotment of garden, vegetable garden or suburban land plots;

3) unlawful actions that entailed the unauthorized occupation of land within the boundaries of horticultural, horticultural or dacha non-profit associations or in the zones where horticultural, horticultural or dacha non-profit associations are located.

2. The imposition of a penalty in the form of a warning or a fine for violations specified in paragraph 1 of this article, or for other violations of the legislation of the Russian Federation, shall be carried out in the manner established by the Code of the Russian Federation on Administrative Offenses.

Article 49. Disciplinary Liability of Officials of State Power Bodies, Local Self-Government Bodies for Violation of Legislation

Officials of state authorities, local self-government bodies, guilty of non-fulfillment or improper fulfillment of duties imposed on them by law in connection with the conduct by citizens of gardening, horticulture or dacha farming, are exposed in cases that do not entail administrative or criminal liability, disciplinary action in the form of a remark, reprimand, severe reprimand, dismissal in the manner established by the Labor Code of the Russian Federation.

Article 50. Abolished.

Article 51. Compensation for losses caused to a horticultural, horticultural 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 partnerships 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 associations and horticultural, horticultural and dacha cooperatives are exempt from payment of the registration fee for state registration of changes in their legal status in connection with their reorganization and bringing the charters 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, Art. 355; Vedomosti of the Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, No. 19, art. 350; 1990, N 26, art. 489; 1991, N 11, art. 294; N 12, art. 324, 325) in the part that regulates the activities of gardening partnerships and dacha cooperatives.

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

B. Yeltsin

Moscow Kremlin

66-FZ 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 line 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 accordance with the established procedure, 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.

President of Russian Federation

B. Yeltsin

Moscow Kremlin

Agreement on the procedure for the use and operation of engineering networks, roads and other common property Land plots located on the territory of horticultural, vegetable gardening and dacha non-profit associations are owned not only by members of these associations, but also by those who do not want to be part of these organizations, but also those who for some reason left its membership, or were expelled. That is, there are two categories of gardeners on the territory of a horticultural association: 1. Members of a horticultural non-profit association; 2. Gardeners are individuals. In their relations with each other and with the association, as a legal entity, gardeners who are members of the horticultural association are guided by Federal Law No. 66-FZ "On horticultural, gardening and dacha non-profit associations of citizens", the Charter, as well as decisions of general meetings. It follows from the law that members of horticultural associations must pay three types of fees: entrance, membership and target. The charter of the partnership may determine in what order these contributions must be paid, with what frequency and in what period. At general meetings of the horticultural association, its members make decisions on the approval of the estimate, determine the needs of the partnership, plan current and future costs. After the estimate is approved, the amount of membership and targeted contributions for the year is determined. The described procedure applies only to those gardeners who are members of the association. Gardeners - individuals who have a land plot on the territory of a gardening association, must build their relationship on the basis of contracts. The conclusion of an agreement between a horticultural association and an individual gardener is mandatory both from the point of view of the law and from the point of view of the interests of both parties. After a member of the partnership has left the association, he is not obliged to carry out the decisions of the general meetings, and will obey them. The charter is not a law for him. The cost estimate applies only to the members of the horticultural association. Therefore, until an agreement is concluded between the gardening association and the individual gardener, there is no reason to demand any payments from the owner of the plot. There is only one exception - payment for consumed electricity. This view payment is made based on the readings of an individual meter, and does not depend on the presence or absence of a signed contract. As a rule, the initiator of the conclusion of an agreement for the use of infrastructure and other property of common use of a horticultural, vegetable gardening or dacha non-profit association is the board of such an association. If for any reason the individual gardener was not offered a draft contract, he has the right to draw up his own version and propose to the board of the association. The direction of the draft agreement to the other party in this case is considered as the direction of the offer (Article 435 of the Civil Code of the Russian Federation). An offer is a proposal addressed to one or several specific persons, which is sufficiently definite and expresses the intention of the person who made the proposal to consider himself to have concluded an agreement with the addressee who will accept the proposal. The offer must contain the essential terms of the contract. The party that received the draft agreement should carefully read its terms and conditions, and if the terms of the agreement are completely satisfied, sign it. If the terms of the agreement are not satisfactory, it is necessary to draw up a protocol of disagreements and send it to the other party. If the disagreements that have arisen between the parties on the terms of the agreement cannot be settled amicably, the solution of this issue can be submitted to the court. You should also apply to the court in the event that, in spite of the appeal with the draft agreement on its conclusion, the second party refused, or did not answer anything. To go to court, it is necessary to prepare a substantiated statement of claim and send it to the district or city court at the location of the defendant. If the defendant is an individual gardener, then the case will be considered by the court at his place of residence, if the defendant is a gardening non-profit association - the court at his place of residence. A compulsory annex to the statement of claim will be a draft agreement that was sent to the second party (the defendant). When drawing up a statement of claim, it is necessary to comply with the conditions for its preparation, provided for in Article 131 of the Civil Procedure Code of the Russian Federation. In accordance with this provision, the statement of claim is submitted to the court in writing. The statement of claim must indicate: 1) the name of the court to which the statement is submitted; 2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by the representative; 3) the name of the respondent, his place of residence or, if the respondent is an organization, its location; 4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claims; 5) the circumstances on which the plaintiff bases his claims and the evidence confirming these circumstances; 6) the price of the claim, if it is subject to assessment, as well as the calculation of the recovered or disputed sums of money ; 7) information on the observance of the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by an agreement of the parties; 8) a list of documents attached to the application. In the statement of claim, it is desirable to indicate the norms of the law on which the requirements are based. In a civil case for forcing the conclusion of a contract for the use of infrastructure facilities, it is necessary to refer to the Civil Code of the Russian Federation and the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens." Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens" indicates that a horticultural, vegetable garden or dacha non-profit association of citizens is 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. On the basis of Article 8 of the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens", citizens have the right to conduct gardening, horticulture or dacha farming on an individual basis. Citizens engaged in gardening, horticulture or dacha farming on an individual basis on the territory of a horticultural, horticultural or dacha non-profit association have the right to use infrastructure facilities and other common property of a horticultural, vegetable garden or dacha non-profit association for a fee on the terms of agreements concluded with such an association in written form in the manner determined by the general meeting of members of the horticultural, vegetable gardening or dacha non-profit association. 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. In accordance with Part 1 of Art. 420 of the Civil Code of the Russian Federation, an agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. By virtue of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude an agreement. Compulsion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by the Civil Code of the Russian Federation, by law or by a voluntarily accepted obligation. In accordance with clause 9, part 1, art. 19 ФЗ № 66-ФЗ, a member of a horticultural partnership has the right to voluntarily leave such an association with the simultaneous conclusion of an agreement with him on the procedure for the use and operation of engineering networks, roads and other common property, therefore, the horticultural association is obliged to conclude an agreement on the basis of the law. In cases of transfer of disagreements that arose during the conclusion of an agreement to the court for consideration, the terms of the agreement, on which the parties had disagreements, are determined in accordance with the court's decision. The main terms of the contract include: the subject of the contract, price, responsibility of the parties, the duration of the contract. The names and data of the parties to the agreement must be fully indicated. An agreement on the procedure for the use and operation of engineering networks, roads and other common property shall be drawn up in two copies, one for each of the parties.

1. General provisions, the Procedure for organizing a horticultural non-profit partnership

Gardening non-profit partnership "Metallurg-4" (hereinafter the Partnership) operates in accordance with the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" dated April 15, 1998 No. 66-FZ, civil, land, urban planning, administrative and other legislation of the Russian Federation, as well as adopted in accordance with them regulations the city of Moscow and the Moscow region.

The partnership was created on a land plot with an area of ​​9 hectares, in accordance with the decision of the Stupinsky City Council of the Moscow Region dated January 25, 1980 No. 57/3.

The organizational and legal form of the Partnership is a horticultural non-profit partnership.

The full name of the Partnership is the Metallurg-4 Gardening Non-Commercial Partnership.

Abbreviated name of SNT "Metallurg-4".

Partnership; It is considered created and acquires the rights of a legal entity from the moment of its state registration, owns separate property, an income statement, a seal with the full name of the Partnership, an independent balance sheet, a bank account, a round seal, a stamp and other details.

The partnership keeps accounting and reporting in the manner prescribed by law.

Location and postal address of the Partnership: Moscow region, Stupinsky district, village Shmatovo. The land plot allocated to the Partnership for collective gardening consists of common land located in. property of the Partnership as a legal entity, and land plots owned by members of the Partnership or common (joint or shared) ownership of the Partnership and their spouses.

At the request of the Partnership, on the basis of a decision of the local self-government body, it is issued in the prescribed manner a document certifying its right to common land.

At the request of the Management Board, the members of the Partnership are issued certificates certifying their ownership (property of a member of the Partnership, common joint or shared ownership of spouses) to the land plots allocated to them.

2. The main objectives and goals of the Partnership.

The partnership was created in order to realize the rights of its members to receive, possess, use and dispose of garden land plots, for arrangement and rational use these land plots, the organization of gardens, the cultivation of fruits and vegetables, as well as to meet the spiritual, cultural and other needs of the Partnership.

The partnership as a non-profit organization has the right to carry out entrepreneurial activities that meet the goals provided for by this Charter.

The partnership organizes and conducts events for:

• improvement of the territory;
• construction and repair of communications, roads, other public facilities;
• carrying out environmental, cultural and technical works on the allotted land:
• the fight against pests and diseases of fruit and berry and vegetable crops;
• protecting the rights and legitimate interests of the members of the Partnership, resolving disputes between the members of the Partnership between themselves and with the governing bodies of the Partnership.

1. The arrangement of land plots and the organization of gardens and vegetable gardens is carried out by the personal labor of the members of the Partnership or members of their families, with the exception of work, the performance of which requires the involvement of specialists.

   The partnership, in accordance with civil law, has the right to:

   • to carry out the actions necessary to achieve the goals stipulated by the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" and this Charter;
   • conclude business contracts for the performance of work, the provision of services, including can act as a customer and conclude contracts with relevant organizations for utilities(water, electricity, gas supply, etc.), as well as conclude other civil contracts related to the activities of the Partnership;
   • attract borrowed funds;
   • be a plaintiff and defendant in court, apply to a court and an arbitration court with applications for invalidation of acts of state authorities and local self-government, as well as appeal against the actions of officials if they violate the legal rights and interests of the Partnership;
   • be responsible for their obligations with their property.

3. Membership in a partnership. The procedure for admission to the members of the partnership.

1. Members. Partnerships can be citizens who have reached the age of 18 years, who have land plots within the boundaries of the Partnership.

   In accordance with civil law, the heirs of the members of the Partnership, including minors and underage heirs, 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, can become members of the Partnership.

   The founders of the Partnership are considered accepted as members of the Partnership from the moment of its state registration. Other persons entering the Partnership are accepted into its members by the General Meeting of the Partnership's members.

   The Board of the Partnership, within 3 months from the date of registration of the Partnership, issues a membership book to each member of the Partnership, in which data on the area allocated to him and other necessary information is entered.

   Family members of a member of the Partnership, as well as persons of preferential categories in accordance with the law, have the preferential right to become a member of the Partnership.

4. Rights and obligations of the members of the Partnership. The procedure for withdrawal (exclusion) from the members of the Partnership.

A member of the Partnership has the right:

1. elect and be elected to the governing bodies of the Partnership;

   receive information about the activities of the management bodies and the audit commission of the Partnership;

   select and document (personally or entrust in writing to the board) the right of ownership (common joint or common shared property of the spouses), life-long inherited possession or perpetual use of the land plot allocated to him up to 0.10 hectares in accordance with the decree of the Moscow Government dated 17.09.96 ... No. 373-RP

   independently manage the land plot belonging to him within the limits of his permitted use;

   independently keep on their site birds, domestic, agricultural and fur animals, bees and other objects of the animal world when mandatory compliance sanitary and veterinary rules, norms of legislation on the protection of wildlife, without violating the rules of other members of the Partnership;

   to carry out on a garden plot in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations) the construction and reconstruction of residential buildings, utility buildings and structures. Upon completion of the construction of the garden house and outbuildings, make an inventory of them in the BTI of the district at the place of registration of the Partnership;

   to dispose of your land plot, if it is not withdrawn on the basis of the law and "turnover or is not limited in circulation, including selling, donating, pledging, renting exchange, as well as voluntarily abandoning the specified land plot;

   when alienating a garden land plot, at the same time alienate to the acquirer a share of the common-use property as part of the Partnership in the amount of targeted contributions, as well as a garden house, other buildings, structures, fruit crops;

   upon liquidation of the Partnership, receive the due share of the property of common use;

   apply to the court to declare invalid the decisions of the General Meeting, the Management Board and other governing bodies of the Partnership that violate his legal rights;

   voluntarily leave the partnership with the simultaneous conclusion of an agreement with the partnership on the procedure for the use and operation of engineering networks, roads and other common property;

   to compensate for losses caused by the seizure (redemption) of a land plot for state needs, as well as restriction of rights to your site in cases stipulated by the legislation of the Russian Federation.

A member of the partnership is obliged:

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

   land legislation: for deliberate or systematic violations provided for by land legislation, a gardener may be deprived of ownership and other property rights to land in the manner prescribed by Art. 47 of the Federal Law "On horticultural, horticultural and suburban non-profit associations of citizens" and land legislation;

   effectively use the land plot in accordance with its intended purpose, increase the fertility of the land, prevent the deterioration of the environmental situation as a result of the development and use of the plot and common lands of the Partnership: for violation of land, forest, water, town planning legislation, a gardener may be subject to administrative liability in accordance with with legislation with administrative responsibility;

   not to violate the rights of the members of the Partnership;

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

   timely pay entrance, membership, target and other fees and payments in the manner prescribed by the Federal Law and the Charter of the Partnership;

   to master the land plot within 3 years, rationally and efficiently use it for growing fruits and vegetables. A member of the Partnership who does not use the land plot belonging to him, or who has refused to use objects of common property, is not exempt from paying the costs of the Partnership for the maintenance, operation and repair of property belonging to the Partnership;

   comply with urban planning, construction, environmental, sanitary and hygienic, fire safety and other requirements (norms, rules and regulations): the construction of buildings and structures on the garden plot exceeding the size established by the project planning and development of the territory of the Partnership is allowed only after approval by the local government of this a construction project in the manner prescribed by urban planning legislation;

   without fail inform the Board about the transfer (alienation) of the land plot to another person;

   take a feasible part in the events held by the Partnership;

   participate in General meetings of the members of the Partnership and carry out its decisions and decisions of the board.

A member of the Partnership may be excluded from the members of the Partnership in the following cases:

1. alienation of a land plot belonging to him to another person in accordance with the procedure established by law;

   systematic (within 6 months) non-payment of monetary contributions and payments provided for by this Charter, as well as systematic violation of the obligations imposed on a member of the Partnership by paragraph 2, subparagraphs 1) -10) of Chapter 4 of this Charter.

A person who has retired (excluded) from the members of the Partnership is refunded the cost of a part of the property in common use (minus depreciation) in proportion to the earmarked contributions made by him for the acquisition (creation) of this property.

Civil disputes between the Partnership, its member: C and other persons who have land plots on the territory of the Partnership, disputes of heirs about the protection of the violated or contested preemptive right on joining the Partnership, disputes of divorced spouses about the right to use the garden plot, as well as property disputes are resolved in court.

5. The rights and obligations of other persons who have land plots on the territory of the Partnership:

The relationship of the Partnership with persons who own land plots on the territory of the Partnership, but are not its members, in terms of the use of infrastructure and other common property are built on a contractual basis in accordance with Art. 8 of the Law of the Russian Federation "On horticultural, horticultural and dacha non-profit associations of citizens." With such persons, the Partnership, in accordance with the procedure established by the General Meeting, concludes agreements in writing on the collection of fees for the use of infrastructure facilities and other property of the Partnership and on the fulfillment of the requirements of this Charter for the maintenance and operation of public property.

The amount of payment under the contract for the use of infrastructure and other common property, provided that these persons make contributions for the acquisition (creation) of the specified property, is set equal to the amount of payment for the use of the specified property by the members of the Partnership.

In case of non-payment of the fees established by the contract for the use of infrastructure facilities and other common property on the basis of the decision of the Board of the Partnership, these persons are deprived of the right to use the facilities and property specified in the contract. The amount of non-payments is collected in court.

6. Property rights and obligations of the Partnership and its members:

The funds of the Partnership are formed from the contributions of its members, the amount, terms and procedure for payment of which are determined by the General Meeting.

Members of the Partnership pay the following fees:

• introductory (one-time) - for the organizational costs of paperwork;
• membership - periodically contributed to the maintenance of the management bodies of the Partnership and employees, as well as to other current expenses of the Partnership;
• target - for the acquisition (creation) of infrastructure facilities and other common property.

1. Funds of the Partnership - can also be replenished with income received as a result of the charter activities of the Partnership and sources not prohibited by current legislation, including loans from banking institutions, charitable contributions, donations.

   By decision of the General Meeting, the Partnership may form a special fund for use for the purposes provided for by this Charter. The special fund consists of introductory and membership fees members of the Partnership, income from the economic activities of the Partnership, funds provided to the Partnership in accordance with Articles 35, 36 and 38 of the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens", other income.

   Common-use property acquired or created at the expense of a special fund is the property of the Partnership as a legal entity.

   Common-use property acquired or created by the Partnership at the expense of earmarked contributions is the joint property of its members. Payment to a member of the Partnership of the cost of a part of such property in the event of his withdrawal from the members of the Partnership is made in the manner prescribed by paragraph 4 of Chapter 4 of this Charter.

   All funds received from the members of the Partnership are paid to the cashier of the Partnership for crediting to the current account of the Partnership.

   The conditions for the alienation of the property of the Partnership are determined by the General Meeting. All transactions with the property of the Partnership must be formalized by contracts in accordance with civil law.

   Common-use lands on the territory of the Partnership are not subject to alienation and division.

   The funds of the Partnership are kept in accordance with the established procedure on the current account in the bank and are used in the manner established by the General Meeting according to the documents signed by the Chairman of the Board and the accountant of the Partnership.

   The partnership is responsible for its obligations with all property belonging to it, on which, according to the current legislation, a claim can be levied.

   The Partnership is not responsible for the obligations of the state, just as the state is not responsible for the obligations of the Partnership.

   The partnership is not responsible for the obligations of its members.

   Members of the Partnership are not responsible for its obligations.

7. Management of the Partnership.

The governing bodies of the Partnership are the General Meeting of its members, the Management Board, and the Chairman of the Management Board. The supreme body of the Partnership is the General Meeting of its members. The general meeting can be held in the form of a meeting of delegates. The number of authorized representatives is established by the General Meeting based on the number of members of the Partnership. The plenipotentiaries are elected at the General Meeting by open vote for 2 years.

The competence of the General Meeting or the meeting of authorized representatives (hereinafter referred to as the General Meeting) includes:

1. acceptance of the Charter of the Partnership and introduction of amendments and additions to it or approval of the Charter in a new edition;

   admission to the members of the Partnership and exclusion from its members;

   determination of the quantitative composition of the Management Board, election of members of the Management Board, early termination of their powers;

   election of the Chairman of the Management Board and early termination of his powers;

   election of members Audit Commission and early termination of their powers;

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

   making decisions on the organization of representative offices, on the creation of a special fund, mutual lending funds, rental funds, on joining associations, a union of horticultural associations;

   approval of the internal regulations of the Partnership, including the conduct of the General Meeting (meeting of authorized representatives), the activities of the Management Board, the work of the Audit Commission, the Commission for Monitoring Compliance with the Law, the internal regulations of the Partnerships;

   making decisions on reorganization or liquidation of the Partnership, appointment of a liquidation commission, as well as approval of interim and liquidation balances;

   making decisions on the formation and use of the property of the Partnership, as well as on its alienation, on the creation and development of infrastructure facilities; as well as the establishment of the size of trust funds and the corresponding contributions, write-off from the balance of fixed assets;

   determination of the size of admission, membership and targeted fees;

   setting the amount of penalties for late payment of contributions, changing the timing of making contributions by low-income members of the Partnership;

   approval of income and expense estimates and making decisions on its use;

   consideration of complaints against decisions and actions of members of the Management Board, the Chairman of the Management Board, members of the Audit Commission, members of the Compliance Committee, officials of the mutual lending fund and the rental fund;

   approval of reports of the Management Board, the Audit Commission, the Commission for Monitoring Compliance with the Legislation, loan and rental funds;

   encouragement of members of the Management Board, the Audit Commission and other management bodies of the Partnership, approval of the amount of remuneration paid in connection with their elective activities.

The general meeting is convened as needed, but at least once a year. Extraordinary General Meetings are convened at a motivated written request of at least 1/5 of the total number of members of the Partnership, by decision of the Management Board, by the request of the Audit Commission, as well as at the suggestion of a local government body. Members of the Partnership are notified of the General Meeting no later than 2 weeks before the date of its holding. The form of notification is established by the Board. The notification must indicate the content of the issues to be discussed.

The general meeting is considered competent if attended by more than 50% of the total number of members of the Partnership or at least 50% of the authorized.

The chairman of the general meeting of the members of the partnership is elected by a majority of votes of the members of the partnership present or authorized.

Solution on issues:

• on the introduction of amendments and additions to the Charter or on the approval of the Charter in a new edition;
• on exclusion from the members of the Partnership;
• on reorganization or liquidation, appointment of a liquidation commission, approval of the interim and liquidation balance sheet - adopted by the General Meeting by a majority of 2/3 of votes, subject to the requirements of clause 4, Ch. 6 of this Charter.

1. Other decisions of the General Meeting are adopted by a simple majority of votes.

   The decision of the General Meeting is brought to the attention of its members within 7 days after their adoption in accordance with the procedure established by the General Meeting.

   Complaints of the members of the Partnership against decisions of the General Meeting or a meeting of authorized representatives are considered in court.

   The Board of the Partnership is a collegial executive body and is accountable to the General Meeting.

   The Board of the Partnership is elected from among its members at the General Meeting for a period of 2 years. The number of members of the Management Board and the voting procedure (open, secret) is established by the General Meeting.

   The issue of early re-election of members of the Management Board may be submitted to the General Meeting at the request of at least 1/3 of the members of the Partnership.

   Meetings of the Management Board are convened by the Chairman of the Management Board within the terms established by the Management Board, as well as as necessary.

   Meetings of the Board are competent if attended by at least 2/3 of its [members. The decisions of the Management Board are made by a simple majority of votes of the members of the Management Board present. The decisions of the Management Board are binding on all members of the partnership and employees who are in labor relations with the Partnership.

   The competence of the Management Board includes:

   1. implementation of decisions of the General Meeting;

      operational management of the current activities of the Partnership;

      drawing up income and expense estimates and reports, submitting them for approval by the General Meeting;

      disposal of tangible and intangible assets of the Partnership within the limits necessary to ensure its current activities;

      organizational and technical support for the activities of the General Meeting;

      organization of accounting and reporting of the Partnership, preparation of an annual report and submission for approval to the General Meeting;

      organization of protection and insurance of the property of the Partnership and the property of its members;

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

      purchase at the request of members of the Partnership and delivery of planting material, garden tools, fertilizers and pesticides;

      maintenance of office work and the maintenance of the archive of the Partnership;

      recruitment to the Partnership of persons under labor agreements (contracts), their dismissal, encouragement, the imposition of penalties on them, the vision of accounting for employees;

      control over the timely payment of entrance, membership, targeted fees;

      making transactions on behalf of the Partnership;

      control over the observance by the Partnership of the legislation of the Russian Federation and this Charter;

      consideration of applications and complaints from members of the Partnership and other persons who have land plots on the territory of the Partnership;

      presentation of recommendations, certificates, petitions to state authorities, local self-government and other organizations. The Management Board has the right to make decisions on other issues that are necessary to achieve the goals of the Partnership and ensure its normal operation, with the exception of issues related to the Charter & the competence of the General Meeting.

The Board of the Partnership is headed by the Chairman of the Board, elected from among the members of the Board for a period of 2 years. The powers of the Chairman of the Board of the Partnership are determined by the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens" and this Charter.

The Chairman of the Management Board, in case of disagreement with the decision of the Management Board, has the right to appeal it to the General Meeting.

The Chairman of the Board, without a power of attorney, represents the interests of the Partnership in all bodies and organizations on all matters and issues arising from the charter activities of the Partnership, including:

1. presides over the meetings of the Management Board;

   has the right to first sign financial documents that, in accordance with this Charter, are not subject to mandatory approval by the Management Board or the General Meeting;

   signs other documents on behalf of the Partnership and minutes of the meeting of the Management Board;

   on the basis of the decision of the Board, concludes transactions and opens accounts of the Partnership in banks;

   issues powers of attorney;

   submits for approval by the General Meeting of Internal Regulations the provisions on remuneration of employees for hire;

   represents on behalf of the Partnership in public authorities, local governments, courts, and other organizations;

   considers applications and complaints from members of the Partnership. In accordance with the Charter, the Chairman of the Management Board also performs other duties, except for those that are directly within the competence of the General Meeting and the Management Board.

The Chairman of the Management Board and members of the Management Board are liable to the Partnership for losses caused to the Partnership by their actions (inaction), with the exception of members of the Management Board who voted against the decision that caused losses or did not participate in the voting. The Chairman of the Partnership and its members, upon revealing financial abuses or violations, causing losses to the Partnership, may be brought to disciplinary, material, administrative or criminal liability in accordance with the law.

The Audit Commission is elected from among the members of the Partnership by the General Meeting of at least 3 (persons for a period of 2 years. The Chairman and members of the Management Board and their relatives cannot be elected to the Audit Commission. The working procedure of the Audit Commission is regulated by the Regulations approved by the General Meeting.

The Audit Commission is accountable to the General Meeting. The members of the Audit Commission are responsible for improper fulfillment of obligations stipulated by this Charter and the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens."

Re-election of the Audit Commission may be held ahead of schedule at the request of at least 1/4 of the total number of members of the Partnership.

The Audit Commission exercises control over the financial and economic activities of the Chairman of the Management Board, the Management Board and its members. The Auditing Commission is obliged to:

1. check the implementation by the Management Board and its Chairman of the decisions of the General Meetings, the legality of civil transactions made by the management bodies of the Partnership, regulatory legal acts governing the activities of the Partnership, the state of its property;

   carry out audits of the financial and economic activities of the Partnership at least once a year, as well as at the initiative of the members of the Audit Commission, by the decision of the General Meeting or at the request of 1/5 of the total number of members of the Partnership or 1/3 of the total number of members of the Management Board;

   to report on the results of the audit to the General Meeting with the representatives of the recommendations on the elimination of the revealed violations;

   report to the General Meeting of all identified violations in the active "management bodies of the Partnership;

   exercise control over the timely consideration by the Board and the Chairman of the statements of the members of the Partnership.

Based on the results of the audit, when creating a threat to the interests of the Partnership and its members, or if abuse of the Chairman or members of the Management Board is revealed, the Audit Commission, within the limits of its powers, has the right to convene an extraordinary general meeting of a member of the Partnership.

The Public Commission for Monitoring Compliance with the Legislation is elected by the decision of the General Meeting and works under the guidance of the Management Board. The Commission exercises public control over:

1. observance on the territory of the Partnership of measures to prevent and eliminate pollution of surface and underground waters, soil and atmospheric air with household waste and sewage;

   compliance with sanitary and other rules for the maintenance of common lands. garden plots and adjacent territories;

   ensuring compliance with fire safety rules during the operation of furnaces, electrical installations, power grids, fire extinguishing equipment;

   protection of monuments and objects of nature, history and culture on the territory of the Partnership and adjacent territories;

   fulfillment by gardeners of land, forest, water, environmental legislation, legislation on urban planning, fire safety, sanitary and epidemiological well-being of the population.

The Compliance Committee draws up acts on violations of the law and submits them for action to the Management Board. The Board has the right to submit these acts to state bodies for taking appropriate measures.

The minutes of General Meetings, meetings of the Management Board and the Audit Commission, the Commission for Monitoring Compliance with the Law are drawn up within a week, signed by the heads of the relevant elected body, certified by the seal of the Partnership and kept in the affairs of the Partnership on a permanent basis. Copies of the minutes and certified extracts from them are submitted for familiarization to the members of the Partnership at their request, as well as to the local government at the location of the Partnership, government bodies, judicial and law enforcement agencies in accordance with their requests in writing.

8. Labor relations and wages.

Labor Relations between the Partnership and employees are governed by the legislation of the Russian Federation on labor, as well as by this Charter.

The partnership for the fulfillment of statutory tasks hires employees for labor contracts and determines the size of their remuneration.

By decision of the General Meeting, members of the elected bodies of the Partnership may be remunerated in the amount determined by the General Meeting.

A member of the Partnership has the right, as a matter of priority, to be hired for paid work in the Partnership.

The partnership ensures the safety of personnel documents and their transfer to the archive in the prescribed manner.

9. Termination of the Partnership.

The activities of the Partnership are terminated by a decision of the General Meeting of the Partnership or in court, including at the request of a public authority or local government to liquidate the Partnership in court.

The reorganization of the Partnership is carried out in the manner prescribed by Art. $ f # of the Federal Law "On horticultural, vegetable gardening and summer cottage non-profit associations of citizens" by decision of the General Meeting by merger, acquisition, division, separation, transformation into another organizational and legal form with the transfer of property rights and obligations of the Partnership to the legal successor.

The liquidation of the Partnership is carried out by a liquidation commission formed by the decision of the General Meeting, to which the powers to manage the affairs of the Partnership are transferred, in accordance with the procedure established by Art. 40-44 of the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens."

The liquidation commission informs in the mass media about the liquidation of the Partnership and accepts the claims of creditors within 2 months from the date of publication of the notice of liquidation.

The liquidation commission takes measures to satisfy the claims of creditors and collect debts from debtors, draws up an interim and liquidation balance sheet and submits it to the General Meeting for approval.

The distribution of property remaining after settlement with the budget, banks and other creditors is made between the members of the Partnership in accordance with the share of each in the collective property in proportion to the amount of targeted contributions made.

All affairs and documents of the Partnership after liquidation are transferred in accordance with the established procedure for state storage in the archive.

10. Final provisions.

Issues not regulated by this Charter are resolved in accordance with applicable law.

In cases of changes in the legislation of the Russian Federation on horticultural non-profit associations of citizens, the Charter must be brought in line with the provisions of the Federal Law. Amendments, additions or adoption of a new version of the Charter made in this connection to the Charter are subject to state registration in the manner prescribed by the Federal Law.

The charter is drawn up on 11 pages in 2 copies, having the same legal force.

The list of founders who are members of the Partnership from the date of its state registration is attached and is an integral part of this Charter.