Statutory documents St. Documents snt

15297

Charter of a horticultural or dacha partnership

An essential condition for the creation is the presence participants that meet all the requirements of current legislation and the location of all land within the same territory. The basis for creating a community is the common citizens' decision to establish. In some cases, such a decision may arise in the process of another merger.

This document is the basis of the activity of any enterprise, is drawn up in writing and most often a standard form is taken as a basis, in which changes are made, depending on the tasks and goals facing the future association.

Charter of the Association accepted and approved by general vote summer residents and gardeners. According to the provisions of April 15, 1998, all the necessary provisions are written in the charter, such as:

• name, location and legal form of the organization;
• the subject, goals and objectives of the community's work;
• the powers and obligations of the community, as well as its members;
• rules and conditions for accepting citizens as members of the community;
• the procedure for making membership and others;
• conditions and rules for organizing compulsory work;
• powers and competence of bodies, rules for their selection;
• the procedure for paying salaries to employees of the association;
• order and voting;
• rules for conducting office work and document flow of the community;
• conditions for the liquidation or reorganization of the community.

In addition to the points indicated, the charter should state the liability of the members of the association for the debts of the organization. It is important that the statutory provisions in their content do not contradict the current legislation.

Regulations of a gardening or dacha partnership

For the full-fledged work of an organized community, in addition to the charter and decision, it is necessary to approve general meeting community members internal regulations. Mandatory include:

1. order of conduct general meeting of participants communities;
2. areas of activity of the board of the partnership;
3. work rules;
4. conditions for the activities of the commission that supervises compliance with the current legislation;
5. the procedure for the creation and further functioning of representative offices of the partnership;
6. rules for establishing a mutual lending fund;
7. conditions for the functioning of the rental fund;
8. the internal order of the functioning of the community.

Regulations must be clearly written business language, confirmed by the signatures of the chairmen and authorized persons. With regard to changes in these provisions, amendments can only be made by convening a general meeting of participants in the partnership.

The governing documents of the partnership

List of documents horticultural partnership , which are mandatory, can be supplemented with such papers as:

• rules internal regulations;
• job descriptions for employees of the garden and dacha partnership;
• the procedure for the withdrawal of participants from the association;
• the act of transferring cases in the event of a change in the chairman of the community.

Each of the indicated normative documents gardening associations, represents instructions and recommendations for working with members of the community and organizing the activities of the association itself.

The internal regulations state work period and recreation of employees, holding various events, including mandatory work and meetings, debriefing and control and audit procedures.

Job descriptions are provisions according to which a community employee performs his job duties.

The procedure for the withdrawal of participants from the partnership also regulated by the relevant document.

In the event that the chairman of the association changes, without fail an act of acceptance and transfer of the partnership documentation is drawn up.

Additional documents

Apart from basic documents of a horticultural non-profit partnership, which must be constantly kept by the chairman, the community may also have additional papers related directly to the work of the partnership, that is, the list may include various contracts, agreements, revision acts, extracts, certificates, and so on.
These accompanying papers are also involved in the document flow and are kept by the chairman of the partnership.

Conclusion

At the end of the article, a number of conclusions can be drawn:

1. For each dacha or horticultural association, a charter. This document is the basis for the work and functioning of the enterprise.
2. The charter must contain all the essential provisions relating to the activities of the established partnership.
3. In addition to the charter, accepted regulations, which establish the procedure for conducting a particular procedure, for example, an audit, organizing the work of a mutual aid fund or a rental fund.
4. Regulations can only be changed by convening a general meeting of citizens and making an appropriate decision.
5. Also, the operation of the partnership may require internal documents, such as the procedure for the withdrawal of participants from the association, internal regulations and others.
6. The document flow of the partnership can also be represented by additional papers in the form of agreements, agreements, various certificates and extracts.
7. All documents must be duly executed, signed by an official and certified by the seal of the company. Documentation is kept by the chairman of the partnership.

1.1. Members of the horticultural non-profit partnership SNT, by decision of the general meeting, approved these Internal Rules (hereinafter referred to as the Rules), developed in accordance with Federal Law No.
1.2. The right to change, supplement, revise, suspend or cancel these Rules belongs to the general meeting of members of the SNT. The decision on such an issue is taken by a majority of votes (more than 50%). The SNT Board (hereinafter referred to as the Board) has the right to issue, on behalf of the SNT, temporary permits for the performance of any actions or works that go beyond the Rules, if the issuance of such permits does not contradict the interests of the SNT members.
1.3. In the text of these Rules, “obligations of members of the SNT” means the rules that are mandatory for both the owner of the site (hereinafter referred to as the Gardener), regardless of whether he is currently a member of the SNT or not, and members of his family, as well as temporary residents and tenants. In the text of these rules, the "powers of SNT" and "Guidelines" means, respectively, the powers of the board of SNT and the chairman of the board of SNT or the responsible member of the board of SNT, if in this respect they are empowered to act on behalf of the SNT.
1.4. The gardener undertakes to comply with these SNT Rules, maintain houses, outbuildings, driveways, the territory adjacent to the site, elements of the SNT infrastructure in proper condition (in accordance with fire safety requirements, environmental requirements). To carry out construction (reconstruction) of buildings on the site belonging to him in accordance with current rules and norms.
1.5. The gardener undertakes to timely provide (update) the board with contact information for himself or his authorized representative.
1.6. The gardener, on the site of which, by decision of the general meeting, engineering communications pass, concludes an agreement with SNT, in which he undertakes to allow access to engineering networks service staff. And if he refuses or breaks the contract, he is obliged to pay for the bypass of engineering networks outside his site.
1.7. For violations by the Gardener (his guests or tenants) of the provisions of the Internal Regulations of the SNT, leading to administrative, criminal and / or material liability imposed by the authorities local government or state authority, the Gardener bears full responsibility.

2. Rules for the use of common property

2.1. The gardener and the board should not use the common property of the SNT for purposes that do not correspond to the goals of the activities of the SNT, they must comply with the provisions of the current legislation, Federal Law No.
2.2. It is not allowed to conduct any industrial or commercial activity, other professional activity not provided for by the Charter of the SNT, with the exception of the voluntary improvement of the territory of the SNT, the provision of information services. All types of work must be agreed with the board before they begin.
By decision of the general meeting of members of the SNT, the board has the right to conclude an agreement on seasonal trade in the territory of the SNT with essential goods (food, household equipment, etc.)
In case of revealing the facts of conducting entrepreneurial or commercial activities by the Gardeners on the territory of the SNT, the Board is obliged to apply to the competent authorities for an audit.
2.3. SNT roads may only be used for passage or passage. If the decision of the general meeting establishes a fare for heavy vehicles or construction equipment, at the entrance to the gate to the territory of the SNT, pay the watchman at the established rate with a mandatory mark in a special journal and receive a receipt for payment. These funds will be spent on the rehabilitation of roads SNT.
2.4. For posting announcements regarding the activities of SNT, other information, the board establishes in a specially designated place (at the entrance gate) information stand.
2.5. Gardeners should not store or allow third parties to store building materials, fertilizers, bulk materials, or any other items on public areas and roadsides (with the exception of special temporary storage areas agreed with the board).
2.6. For the period of repair or restructuring by the Gardener of his property, with the permission of the board, temporary storage of items is allowed production activities in a limited area outside the site, near the Gardener's fence, if this does not prevent free passage and passage through the territory of the SNT. Cleaning of the specified territory must be carried out no later than one week from the date of completion of work.
2.7. Small-sized municipal solid waste (MSW) should be stored in containers installed on a special site intended for the collection of this type of waste. Vegetable waste (tops, weeds, branches from pruning trees and shrubs, etc.) are disposed of by the Gardener independently. It is strictly forbidden to take out garbage and waste on the territory of common use and beyond the protective fence of the SNT. It is forbidden to dispose of vegetable waste in a container. Large-sized solid waste (furniture, household appliances, construction waste, etc.) must be disposed of by the owner independently. In order to dispose of this type of waste, at the request of the Gardener, the board can order an appropriate container. The cost of the ordered container is paid by the gardener to the cash desk of the SNT Board.
2.8. It is forbidden to perform any actions that lead to damage to the drainage system (cuvettes), power lines, public fences, gates (barriers) and wickets, roads and their roadsides, public premises and other equipment of the SNT. Repair work to eliminate any damage resulting from such actions is carried out at the expense of the Gardener, through whose fault the damage occurred.
2.9. The planting of plants, flowers, trees, shrubs and other green spaces in the public area of ​​the SNT is permitted, after the planting plans have been agreed with the board. It is forbidden to plant high-growing plants (above 5m) under power lines, self-cutting trees and bushes, cutting flowers, or actions that cause disturbance of the grass cover of a public area.
2.10. If there are signs of a violation of the working condition, power lines, roads, etc. or signs that may lead to this, the Gardener immediately notifies the chairman or members of the board, and in their absence, the watchman.
Cluttering of land plots (construction of household buildings) along which SNT power lines pass is not allowed. Gardener carries personal responsibility for the availability of work on the repair and maintenance of the SNT infrastructure on its site.

3. Compliance with public order.

3.1. The Gardener must not make noise, commit or allow the commission of any actions that violate the rights and comfortable living of other Gardeners. All Gardeners should adjust the volume of radios, televisions, musical instruments, and other sound-producing devices in a manner that does not disturb neighbors. Construction and other works that produce noise are carried out from 9.00 to 21.00.
3.2. Appearance in public places, community work days, meetings, etc. is not allowed. intoxicated persons.
3.3. It is forbidden to use radio engineering devices and structures that cause interference in the work household appliances on the territory of the Association.
3.4. It is forbidden to litter the territory of SNT, incl. small household waste (wrappers food products, cigarette butts, cigarette packs, bottles, bags, etc.).
3.5. When constructing residential buildings and structures on his site, the Gardener is obliged to be guided by the current building codes and regulations (SNIP).
3.6. It is forbidden to direct household and fecal effluents to the drainage system of the SNT and a nearby body of water. The design of underground collectors of domestic and fecal wastewater (septic tanks) must comply with the requirements of SNIP, be hermetically isolated from the soil.
3.7. All Gardeners must participate in public works (subbotniks) appointed by the board.
Subbotnik missed for a good reason can be worked out at another time or, at the request of the Gardener, compensated in cash in the amount established by the general meeting of members of the SNT.

4. General safety rules

4.1. It is not allowed to be on the territory of the SNT of unauthorized persons who are not guests (tenants) or visitors of the Gardener. In the event of the appearance of suspicious persons, the Gardener must inform the watchman about this.
4.2. In the case of renting out his plot (building) for rent, the Gardener is obliged to notify the board in advance in writing, indicating the passport details of the tenant and the period of his residence on the territory of the SNT. In the absence of data on the stay of the owner of third parties on the site, the board reserves the right to involve law enforcement agencies to verify the legality of the stay of these citizens on the territory of the SNT.
4.3. Gardeners who have gates with access to the SNT territory are required to keep them locked.
4.4. Gardeners are prohibited from delivering goods on the territory of SNT by vehicles with a carrying capacity of more than 10 tons.
4.5. When driving through the entrance gates (barriers), the Gardener is obliged to close them behind him.
4.6. It is forbidden, inconsistent with the board, to independently connect electricity to the site from the SNT power line.
4.7. When burning garbage, it is forbidden to leave the fire unattended.
4.8. It is forbidden to store explosive or flammable materials in personal premises and on the territory of the sites, with the exception of fuel for household gardening equipment stored in a place equipped with fire safety requirements.
4.9. In the event of a fire or a fire, the Gardener immediately calls, using his own means of communication, the fire brigade, notifies the watchman of the arrival of fire engines, proceeds, if possible, to self liquidation fire, while maintaining your own safety as much as possible.
4.10. On the territory of the SNT, the use of firearms and pneumatic weapons, the use of pyrotechnics is prohibited.

5. Rules for keeping pets

5.1. It is allowed to keep small livestock and poultry, domestic animals (dogs, cats).
5.2. Keeping pets must not violate public order.
5.3. Dogs must be walked on a leash, the length of which must provide confident control over the animal (dogs of fighting and service breeds must be muzzled). Owners walking their pets on roads and roadsides should immediately clean up after them.
5.4. Pet owners are solely responsible for personal injury and/or property damage caused by pets. SNT does not bear any responsibility and claims related to or arising from improper maintenance of a pet by a Gardener.
5.5. All pets taken outside the site must be vaccinated and registered in the prescribed manner. The gardener informs the board in writing about the presence of dogs of fighting breeds.

6. Parking lot

6.1. SNT does not provide permanent parking for cars, trailers, boats, and other large vehicles on public property. All vehicles should be located on the territory of the Gardener's personal plots.
6.2. SNT is not responsible for the disappearance, destruction, theft or damage caused to the vehicle left by the Gardener on the territory of SNT.
6.3. It is allowed to park the cars of the Gardener and his guests in the public area for a short time, the short-term parking should not block the driveways and passages of other traffic participants. CNT is not responsible for damage to or loss of the above vehicle.
6.4. Auto repair work in public areas is prohibited.

7. Change of Owner

7.1. When a plot is sold or otherwise alienated, the Owner, without limitation, old or new, must notify the board or chairman of the board of the transaction.
7.2. If, after the change of ownership, the debts of the former Owner of the SNT are discovered, they must be repaid by the new owner.

8. Management of the affairs of the Partnership

8.1. The management of the affairs of the SNT is carried out by the board.
8.2. The gardener does not have the right to direct, manage or try to establish any other method of control over the employees of the SNT, the chairman of the board or the board, except for the control determined by the provisions of the Charter of the SNT, to demand from the above persons the provision of services (performance of work) that are not included in their duties, or not provided for by the estimate approved by the general meeting of the SNT.
8.3. All introductory, membership, targeted, fees are payable within the time limits established by the decision of the general meeting of the SNT. Membership fees may be paid in advance, within the current financial year. Payment for electricity is made monthly, no later than the 10th day following the billing month. For late payments, a penalty is set at a rate of 0.1% of the amount owed, for each day of delay. Payments are made on weekends in the board of SNT, payment is allowed by transferring money to the settlement account of SNT with the obligatory presentation of a payment document confirming the payment to the accountant-cashier of the board.
8.4. For violation of the provisions of these Internal Regulations, the Gardener may be held liable in accordance with the Charter of the SNT, the Civil Code of the Russian Federation.
8.5. Complaints filed by the Gardener in writing chairman of the board. Decisions on them must be made within 10 days after the filing of the complaint, if this decision does not require coordination with the board, local governments, other state bodies and organizations.
8.6. If the Gardener ignores the requirements of these Rules on the elimination of violations of an environmental, fire safety nature related to his non-compliance with environmental, fire safety norms and rules, the board is obliged to send a corresponding application to the violator to the state environmental control authorities, the fire supervision service.
8.7. The working hours of the chairman of the board and the accountant-cashier, their contact numbers are indicated on the information board and on the SNT website.

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Regardless of the situation that prevails on the territory of one or another SNT, gardeners often characterize the Chairmen in approximately the same way: they collect contributions to the “black cash desk”, he and his entourage do not pay contributions, bought new car and put up a new fence, becoming the Chairman, does nothing, but receives a salary, etc.

Of course, everything happens in life, but is it so, let's figure it out together.

CHAIRMAN SNT is an elective position.

Chairmen are not born, they are made.

When the time comes for the election of the Chairman of the SNT, every gardener thinks something like this: "... a dacha for me is a place of rest, WHY SHOULD I hump on someone?" or "... let it be ANYONE, but NOT ME!"

As a result, they choose the one who dared to put forward his candidacy or the one who could be persuaded all together. The newly-made chairman begins serious work, with legal responsibility for every step taken. In a short time, he must learn what losses in the wires are, where they come from, what is taxed and what is not, how often the grass needs to be mowed and what will happen if this is not done, why only a licensed organization can take out the garbage, how to collect debts in court and much more. That is, they elected a person from the crowd as chairman, and the requirements are for a builder, power engineer, lawyer and accountant rolled into one.

RESPONSIBILITY OF THE CHAIRMAN.

snt is non-profit organization, nevertheless, this is a legal entity, so the tax office and funds do not make any concessions to partnerships. As well as a business created for profit, CNT is obliged to keep accounting records and report on time. And work "on a voluntary basis" does not exempt either from the obligation to submit reports, or from liability for failure to submit. A minimum of 18 reports must be submitted per year if wages are not paid and a minimum of 29 reports if paid ...

In practice, in the event of various violations, the inspection authorities issue orders to eliminate them, for failure to comply with which there is an administrative liability and a fine is imposed. First of all, on an official, i.e. on the Chairman.

For more serious offenses (whether committed intentionally or not) in the conduct of financial economic activity The chairman may face more serious consequences, up to criminal liability.

What and why is done in SNT
"AS WILL", not "AS SHOULD".

The most common reason for conducting financial and economic activities in SNT “as it should be” is because of the savings that the gardeners themselves “push” the Chairman to. They capriciously set the bar for the amount of contributions, beyond which the board tries not to go beyond when drawing up estimates, without conducting explanatory work about the essence of what is happening.

As a result, contributions collected from gardeners in cash are taken into account "in the black cash desk", and in tax office"zero" reports are given. Which in itself is a direct violation of the law!

Here are the frequently occurring violations, which are the "shadow" side of the financial and economic activities of SNT:

Unwilling to objectively study the requirements of the current legislation, gardeners impose such a policy on the board, forcing, in fact, to follow their lead. And that means breaking the law! The paradox lies in the fact that in words, sometimes unfounded and biased, gardeners condemn the Chairman for the consequences!

Although it should be the other way around. Based on the requirements of the law and the fact that the chairman is responsible for everything, it is he who must formulate the requirements, taking into account the lower bar of what is necessary to comply with the rule of law and legal security: the minimum wage, contributions to funds for this wages, the amount of tax on public land, banking services, etc.

Starting January 1, 2019, most of the "savings" methods will no longer be available. According to Federal Law No. 217-FZ dated July 29, 2017 No. all contributions will be collected only on the settlement account of the partnership.

This means that it will not work to pay for mowing the grass “in an envelope” or buy a gravel machine without documents, since everything will have to be paid from the current account.

Payment for services or purchase of materials must be justified and covered by relevant documents. And not by acts of the board, nor by notes of the Chairman and not by cash receipts without an application cash receipts, but official Contracts with contractors and closing Acts to them.

What does the Chairman of the Board of SNT do in practice?

Conducting financial and economic activities.

The work of the chairman is not only to develop an estimate and execute within the framework of what was approved. The most difficult thing is to make sure that exactly what has been developed is approved.

It should be borne in mind that the estimate is approved by the majority, and contributions are paid in different ways. That is, half pays on time, a quarter after three warnings, and another quarter will pay only by court order. Pay attention to this moment, presenting claims to the work of the Board.

Given the above, the most difficult thing in conducting financial and economic activities is that the costs are clearly regulated and limited, and the receipt of contributions in the planned amount is not guaranteed.

In addition to the wishes of the gardeners themselves, the state also has a certain set of requirements for the maintenance of SNT infrastructure facilities.

We are talking about installing a gate or a barrier, signs and signs at the entrance to the SNT, organizing a site for collecting and removing garbage, mowing grass around the perimeter of the partnership and on common lands, the mandatory presence of a fire reservoir on the territory of the partnership with an equipped entrance to it, surveying common lands, licensing a well, and much more.

Maintenance of the Register of Members.

The chairman of the SNT is obliged to maintain the Register of Members (Article 19.1 of 66-FZ), which is information resource board and audit committee. Also, the register of members can be maintained by an authorized member of the board, but in practice, the register is the work of the chairman.

It is created in order to streamline the accounting of information about members of the SNT and citizens who are engaged in gardening and horticulture on an individual basis.

According to the information contained in the Register, the number of members of the SNT is determined, and, accordingly, the quorum for holding general meetings.

Working with debtors

According to statistics, in every partnership there are abandoned plots, the owners of which are pathological non-payers. And also from 10 to 40% of the total number of gardeners who use their plots, also being debtors.

Contribution arrears form a huge "hole" in the budget of the CNT, so working with debtors is an important part of the work of the Chairman.

In accordance with the upcoming law, innovations will cost the owners of plots near Moscow approximately 246 billion

snt today

A garden or dacha partnership is a few hundred people who, by chance, turned out to be the owners of neighboring plots of land. They do not know each other and see each other mainly at general meetings, which usually result in hubbub, hysteria and mutual insults.

Because of the hubbub, and also because of their own indifference, a maximum of a quarter of the members of the SNT go to meetings. It is impossible to force the rest, because there are no legal instruments for this. There are no levers.

The chairman and board of the SNT are elected by the meeting for two years. The most common types of chairman are:

Energetic brazen fool. He constantly squeals, promises to sue everyone and effectively ruins what still somehow worked;

Retired military or former boss. He presses with authority, promises a lot and does nothing, because he does not know how to do anything;

Successful in life business man. Goes to the chair, following the principle "if you can not stop the madness, you must lead it." He usually manages to fix something in garden partnership using personal means and connections.

SNT problems:

- electricity

- garbage

- roads

Electricity problem consists of two parts.

First part: summer residents do not have enough power. Turn on the kettle and the lights go out. To solve it, it is necessary to change the old transformer to a new one and put things in order with networks, poles and wires, that is, collect a lot of money from all members, which is extremely difficult, because there are no levers for this.

Second part: defaulters hanging on the shoulders of those who pay.

The ambush here is that the partnership pays for electricity collectively - according to a common meter. All members hand over money to the accountant on their individual counters, they are added, and in theory the same amount should be obtained as on the general counter. But she never succeeds. Because many simply do not pay for electricity. And there is no leverage to make them pay.

As a result, SNT's debts for electricity are paid off from contributions, that is, from the general money that is collected for garbage collection, snow removal and tax payment for public land.

The trash problem stems from an electrical problem. If the contributions go towards paying the debts for electricity, there is very little left for garbage collection. Therefore, the export is ordered only when there is nowhere to go. When the container is littered with garbage, and everything around is littered, and the owners of the nearest sites shout at the chairman: “I got this garbage dump! Rearrange immediately! And then we won’t pay dues!”

The most popular threat among SNT members is: I won't pay dues because the board isn't doing anything.

You can't force people to pay dues, there's no leverage.

Theoretically, it is possible to exclude such a comrade from SNT and conclude an agreement with him on the use common roads, electrical networks, etc.

But he can agree on such an agreement until he's blue in the face: you think I have to pay SNT 5 thousand rubles, but I think a thousand.

To untie him, SNT will sue and will pay legal costs. But the lawsuit will end in nothing when the costs go off scale for a hundred thousand and it becomes clear that there is no end to them.

Road problem. There is no road for three kopecks. To make a normal road, you need a lot of money. Assembling them is as difficult as on a new transformer. Rent less than half of the comrades. Others say: why so expensive? It is impossible to force them, there are no levers. As a result, the amount collected is insufficient.

You can, that is, somewhere pour the old primer, trim somewhere. But you can't build a road that doesn't fail in the first spring for this amount.

Those who donated money, however, expect more. They see the pitiful efforts to level the primer and blame the chairman: he plundered our money, we won’t rent it anymore ...

Painful distrust of Russians to each other, inability to organize themselves, a huge difference in financial situation, life experience and understanding how the world works - these are the reasons why any undertakings get stuck in SNT and almost nothing can be solved together.

But all this could be overcome if the CNT - in the person of the general meeting and the chairman - had leverage over its members.

And there are no levers. Because of this, SNT cannot improve themselves and suffer from inconvenience.

How to arrange a comfortable life in SNT

Two ways.

Or give leverage: legalize the right of the board of SNT to turn off the light to non-payers, fine violators, withdraw contributions from their bank account, seize property, that is, carry out the same actions as law enforcement responsible for tax collection and public order.

Or remove collective responsibility from SNT and let each member be responsible only for himself.

The first option would work great. If members of the partnership were still allowed to choose a sheriff, and the sheriff to have a gun, perfect order would reign in the SNT. But this is an unconstitutional way, unfortunately. Therefore, we do not consider it.

The second option remains. It is also effective, which is confirmed by the experience of some SNTs in the Moscow region.

Like everyone else Electricity of the net and their transformers were owned by the partnership. They donated this common property to the balance sheet of the energy supply company.

The company entered into direct contracts for electricity with members of the SNT. And now they have the same system as in the city.

Each member receives a payment, accrued according to the testimony of his counter, which he himself handed over. And he pays for himself. And more - for no one. The company deals with non-payers: they come, they turn it off. This no longer concerns other members of the SNT, and such a disaster as before - when at the end of the year it was discovered that the partnership had a debt for electricity of 400 thousand rubles, God, where to get them? - doesn't happen anymore.

In the same way, some SNTs have set up garbage collection. Members of the partnership switched to direct contracts with companies that deal with this.

If the family is large and there is a lot of garbage, an agreement is made so that it is taken away, say, three times a week. The schedule is known, the bags are placed in advance near the gate to the street, the car arrives and takes away. And if there is not enough garbage, you can save it on the site and take it out once a week, then the contract will be cheaper.

All in fairness. Everyone pays for himself. Everyone is responsible for their own garbage. And no general dumps, dirt, stench and abuse.

The direction in which SNT needs to move in order to establish a reasonable and comfortable life in itself is clearly visible.

It is necessary to switch to individual calculations for everything that is possible, and to reduce the zone of collective responsibility.

But the authorities near Moscow are planning just the opposite.

On the contrary, they intend to increase collective responsibility, for which SNT has no levers, no tools, no opportunities.

How to bury SNT

The Moscow Regional Duma has developed a Summer Resident's Charter - a set of rules that must be observed in gardening and dacha associations.

The Charter is very beautifully painted, how and what should be.

“The entrance to the territory of SNT (DNT) is equipped with a gate or a barrier with an electromechanical drive or manually opened, as well as outdoor lighting. The minimum illumination in the horizontal plane at the entrance gate must be at least 1 lux. The height of outdoor lighting fixtures should be at least 2.5 meters.

“Internal driveways of SNT (DNT) must be kept clean and have a hard surface (reinforced concrete, concrete, asphalt concrete or crushed stone), and also be illuminated at night with outdoor lighting.”

“At the main entrance to the territory of the SNT (DNT) should be installed: an information sign with the name of the horticultural (dacha) association; information stand, with the obligatory placement of a schematic plan of SNT (DNT).

“The territory of SNT (DNT) should be fenced around the perimeter. Deviation of the fence from the vertical is not allowed. Further operation of dilapidated and emergency fencing, as well as individual fencing elements, is prohibited without urgent repair. Elements of wood fencing should not have burrs, flakes, chips with sharp ends or edges on the surface, as well as the presence of rough surfaces that can cause injury. The presence of rotting of the base of wooden supports is not allowed.

“At the entrance to the territory of SNT (DNT), sites for the installation of garbage collectors are placed. The site must have a fence on three sides with a height of at least 1.5 meters, an asphalt or concrete pavement with a slope towards the carriageway, an access road with a hard surface. A garbage collection schedule should be posted at the container site, indicating the name and contact numbers of the organization carrying out the removal. SNT (DNT) is obliged to ensure regular garbage collection in accordance with the agreements concluded with organizations that carry out garbage collection and disposal in accordance with the approved average annual waste accumulation rates.

These are just a few paragraphs of the Charter. And not even completely. But it is already clear that they are all very beautiful and useful. However, very costly.

Funds for their implementation, according to the plan of the Moscow Region authorities, should be given by members of the SNT. The very members who don't pay contributions of 3,000 rubles and "they don't need a road," but let the neighbors pay for the light they've lit.

Moreover, in the Charter of the summer resident there are points that cannot always be fulfilled even with the means.

For example: “The distance from a residential building (or house) and a cellar to a latrine should be at least 12 meters, and from a well or other water device to a latrine and a composting device, at least 8 meters.”

Try to organize such "distances" on six acres, part of which is also occupied by a house, garden, garden, gazebo.

The drafters of the Charter did not seem to think that there could be such small areas in the SNT.

Formulating their "requirements", they represented the prestigious cottage settlements in which they themselves live: large plots, expensive houses, rich owners... Therefore, they did not get a Summer Resident's Charter, but something impossible and essentially mocking.

Nevertheless, in April the Charter was already approved by some murky forum of dacha owners in power. After the May holidays, the text will be sent to all SNTs of the Moscow region, so that summer residents will read and put forward proposals.

“The Charter is a document that we will polish for a year or two in order to adopt the law of the Moscow Region on summer residents and gardeners. This will be the first regional law that will regulate the activities and lives of our summer residents and gardeners,” explained the initiators of the law.

If the Charter really becomes a law, garden and dacha partnerships will come to an end. This is perfectly clear.

They will not be able to fulfill the requirements prescribed in it. Admtekhnadzor will come and impose fines. Judging by the information on the Internet, they will be predatory - up to 500 thousand rubles. In addition, the chairmen will be fined separately - 50,000 for each “jamb”.

Individual fines for summer residents are also provided. Along the fence from the side of the street, the grass was not mowed - 2 thousand. Rubbish was burned in his area - 5 thousand.

But if individual fines can still be paid, then no one will definitely pull the collective fines.

This means that, on account of the debt, the bailiffs will take away the property of the SNT - public land, and the SNT themselves, obviously, will go bankrupt and appoint management companies with such tariffs that summer residents will generally stop going to summer cottages.

In short, now is bad, but it will be even worse.

And all the Moscow region authorities came up with this.

In the Charter of the summer resident, they painted what and how should be in the SNT. But summer residents themselves know this very well. Everyone wants the SNT to be clean, beautiful, comfortable, light, warm and quiet. The authorities do not need to paint all this, but to figure out why this does not work out. And figure out how to make it work.

The price of new requirements for SNT

There are approximately 11,000 SNTs and 3 million summer residents in the Moscow Region.

On average, there are about 300 sites in the SNT, although there are small ones - 30 sites each, and giant ones - where there are more than 1000 of them.

To imagine how much it will cost to comply with the requirements of the Charter of Summer Residents, we made a rough estimate for an SNT with 360 plots. The chairman of this SNT, who served two terms, helped us, but when he saw the Charter of a summer resident the other day, he gasped and hurried to leave his post.

Requirement 1. All internal driveways in SNT must be paved.

The most economical option for a hard surface is asphalt crumb. A square meter of the road costs 550 rubles. First comes a grader, then a skating rink, then 25 cm - crushed stone dumping, again a skating rink, 8-10 cm of asphalt crumb, again a skating rink, a layer of bitumen.

For example, we take the central street SNT 4 m wide, 900 m long. To make such a coating on it, you need 2 million rubles.

If you also do all the passages - 12 million.

Together with a hard surface, it is imperative to do a “storm drain” - ditches along the roadsides to divert water, otherwise, after each rain, the sections will sink. The cost of storm water will cost the cost of the road itself, i.e. another 12 million

Requirement 2. Fencing around the perimeter of the entire SNT.

The perimeter of the SNT with 360 sites is approximately 4 km. A running meter of planed boards now costs at least 500 rubles. This means that 4 million are needed for the material. Plus, another 2 million for the poles. It already turns out 6 million and plus the same amount for the work. Only 12 million

Requirement 3. Barrier with electromechanical control - in the region of 100 thousand km.

Requirement 4. Garbage dump on a concreted area, fenced on three sides - 150-200 thousand.

Requirement 5. Information boards at the entrance and at the garbage heap - 30-50 thousand.

Total: SNT with 360 plots has to spend approximately 30 million rubles to meet the requirements set out in the Summer Resident's Charter, which will become law in a year and a half to two years.

This means that approximately 82,000 rubles should be collected from each site.

We multiply by 3 million summer residents and we see that the arrangement of all SNTs in the Moscow Region in accordance with the requirements of the new law will cost the owners of plots about 246 billion rubles.

An astronomical, absolutely unreal amount that people do not have and cannot have.

For reference: the entire revenue part of the budget of the Moscow Region for 2016 is 371 billion rubles. 117 billion will be spent on education, 72 billion on health care, 59 billion on social security, 52 billion on roads, and only 4 billion on culture.

REMINDER TO A MEMBER OF A GARDENING NON-PROFIT PARTNERSHIP

The leaflet is based on current legislation Russian Federation on the legal status of horticultural non-profit partnerships (SNT) and the rights of their members.

Currently, the legislation of the Russian Federation comprehensively and comprehensively regulates the main organizational, property, land, financial, urban, housing, labor and other relations arising in the course of horticultural management.

Nevertheless, it is in this sphere of land use and recreation of citizens that there is a lot of arbitrariness and gross violations of the rights and legitimate interests of gardeners. Facts of violation of the rights of gardeners directly in the associations themselves have become a common phenomenon. This is, first of all, non-compliance with the norms of democratic management of the partnership established by the Law, deliberate concealment by the board from the members of the partnership of information about the actual expenditure of monetary and other funds of the partnership, about the intended use of these funds, the arbitrary establishment of membership and other fees, the conduct of various transactions that cause financial and material damage to the partnership. At the same time, gardeners sometimes do not fully fulfill their obligations stipulated by the legislation of the Russian Federation, the Charter and internal regulatory documents of their SNT.

This leaflet aims to provide the members of the partnership in the most accessible form with the necessary legal knowledge that would effectively protect their rights and legitimate interests and prevent their violation, as well as conscientiously fulfill their duties.

1. Horticultural non-profit partnership

The law that directly determines the legal status of a horticultural non-profit partnership is the federal law dated April 15, 1998 N 66-FZ\"On horticultural, horticultural and dacha non-profit associations of citizens \".

Main guidance document horticultural non-profit partnership is the Charter of the partnership, approved by the general meeting of its members (Article 16 of Law No. 66-FZ).

2. Membership in a horticultural non-profit partnership

According to Art. 18 of Law No. 66-FZ, membership in a horticultural non-profit partnership is established from the age of eighteen.

Members of the partnership may be minors and underage citizens, to whom the land plots have passed as a result of inheritance, donation or other transactions with land plots. The interests of these persons must be represented by their parents, guardians or custodians in the manner prescribed by the norms of civil and family legislation.

3. Property of horticultural non-profit partnerships, its formation and use

In accordance with Law No. 66-FZ, the property of a partnership as legal entity is formed from introductory and membership dues members of the partnership. Common property is formed from earmarked contributions. The same law determines the property liability of the members of the partnership.

4.1. Entry fees

Entry fees are prerequisite to accept a citizen as a member of the partnership.

The obligation to pay entrance fees lies with all those joining the partnership, regardless of whether they enter anew on a general basis or in the place of other members of the partnership (in the case of acquiring a plot by way of purchase and sale, inheritance, transfer of membership, etc.).

The fact that their predecessors have once already paid entry fees does not exempt new members from paying them. However, the charter of the partnership may stipulate that members of the gardener's families who jointly farm on the land are exempted from paying entrance fees.

Entry fees can only be paid in cash. Their sizes are established by decisions of the general meetings of the members of the partnership.

Payment of entrance fees is made at a time; their installment plan, as a rule, is not provided.

The main expenses of the entrance fees are defined in Law No. 66-FZ (Article 32) and are associated at the initial stage of the organization of SNT with the preparation of design and technical documentation, technical specifications for engineering support, cost estimates and other documents necessary for the approval and approval of the project and development of the territory of the gardening partnership. They are also spent on the implementation of measures to organize the partnership and on the execution of the necessary documentation for this purpose (payment for premises for holding a general meeting, publication of the Charter of the partnership, membership books, etc.).

Entry fees are non-refundable. When a citizen leaves the partnership, regardless of the reasons for the departure, the funds contributed as entrance fees are not returned to him.

4.2. Membership fee. Directions of their spending, amounts and terms of payment

Membership fees (cash) are periodically paid by gardeners and spent on needs arising from the economic activity of the partnership: remuneration of employees who have concluded labor contracts with the partnership (accountant, treasurer, cashier, watchmen, electrician and other workers), as well as to pay current operating costs (drainage, removal of household waste, road repairs, arrangement of children's and sports grounds, etc.).

The payment of membership fees is a necessary condition for maintaining the rights of a member of the partnership to participate in its activities (to elect and be elected to the management and control bodies of the partnership, as well as to receive information about their activities), to use the services and benefits provided for by the Charter of the partnership.

The frequency of payment of membership fees (once a year, half a year, quarter) is established by the decision of the general meeting. The payment of membership fees within the established time limits is a duty of a member of the partnership provided for by Law No. 66-FZ (subparagraph 6 of clause 2 of article 19), failure to comply with which deprives him of the right to use the services of the partnership, and in case of systematic evasion from paying fees, it may become the basis for exclusion from members of the partnership.

4.3. earmarked contributions

Target contributions (cash) are established only for members of the partnership. The amount of these contributions and the procedure for their payment are determined by the members of the partnership.

Target contributions are intended for the acquisition and creation of objects of common use property. Such objects include the construction or reconstruction of roads, a water-pressure system, the installation of electric lighting of the site, the arrangement of a reservoir, the construction of a fence, leisure and household pavilions, and other objects.

Target contributions cannot be depersonalized with other funds. Funds of earmarked contributions shall be used only to pay expenses for objects determined by the general meeting of members of the partnership.

According to Art. 4 of Law No. 66-FZ, the common property of the partnership, acquired or created by it at the expense of earmarked contributions, is the joint property of its members.

4.4. The procedure for the formation of a special fund in a horticultural partnership and its intended use

By decision of the general meeting of members of the partnership, a special fund can be created, which consists of entrance and membership fees of this partnership, income from its economic activities, as well as funds provided by state authorities and local governments, enterprises and organizations in order to support gardening partnerships (Articles 35, 36, 38 of Law No. 66-FZ).

Common property acquired or created at the expense of a special fund is the property of such a partnership as a legal entity.

5. Management of horticultural non-profit partnerships

As defined in Law No. 66-FZ (Article 20), the governing bodies of a partnership are the general meeting of its members (general meeting of authorized persons), the board elected by it and the chairman of the board of the partnership.

Through the aforementioned management bodies, the partnership, as a legal entity, acquires civil rights and assumes civic obligations. The management bodies of the partnership act in accordance with the law and their Charter.

The law does not allow the establishment of any other formations for the management of the partnership (for example, councils, committees, etc.). Named in Law No. 66-FZ, the structure of the governing bodies of the SNT is the only legal form for expressing the rights and interests of members of the partnership.

In large partnerships, holding general meetings of its members is often extremely difficult, and sometimes impossible. In this regard, the Law gives the partnership the right to hold a general meeting in the form of a meeting of representatives.

Authorized partnerships are elected from among its members and cannot transfer the exercise of their powers to other persons, including members of the partnership.

The articles of association of a partnership must provide for:

1) the number of members of the partnership from which one representative is elected;

2) the term of office of the authorized partnership;

3) the procedure for electing the authorized representatives of the partnership (by open voting or by secret ballot using ballots);

4) the possibility of re-election of the authorized persons of the partnership.

5.1. Competence of the general meeting of members of the SNT (meeting of authorized persons)

The competence of the supreme governing body of a horticultural non-profit partnership includes the most important issues of its life.

At the same time, the general meeting of members of the SNT (meeting of authorized persons) has the right to consider any issues related to the activities of the partnership and make decisions on them.

The general meeting of the members of the partnership (meeting of authorized persons) is convened by the board of the partnership as necessary, but at least once a year.

By decision of the board of the partnership, at the request of the audit commission (auditor) of the partnership, as well as at the proposal of the local government or at least one fifth of the total number of members of the partnership, an extraordinary general meeting of the partnership (meeting of authorized persons) may be held.

The board of the partnership is obliged, within seven days from the date of receipt of the proposal of the local government body or at least one-fifth of the total number of members of the partnership, or the requirement of the audit commission (auditor) of the partnership to hold an extraordinary general meeting of members of the partnership (meeting of authorized persons) to consider these proposals or demands and decide on holding an extraordinary general meeting of members of the partnership or on refusal to hold it.

The board of a horticultural partnership may refuse to hold an extraordinary general meeting of members of the partnership if the procedure established by the Charter of the partnership for submitting a proposal or making a request to convene an extraordinary general meeting of its members is not followed.

If the board decides to hold an extraordinary general meeting of the members of the partnership, the said general meeting must be held no later than thirty days from the date of receipt of the proposal or request to hold it. If the board has decided to refuse to hold an extraordinary general meeting of members of the partnership, it informs in writing the audit commission (auditor) of the partnership or its members or the local government requiring an extraordinary general meeting of members of the partnership (meeting of authorized persons) of the reasons for refusal.

The refusal of the board of the partnership to satisfy the proposal or demand to hold an extraordinary general meeting of the members of the partnership, the audit commission (auditor), members of the partnership, local government may appeal to the court.

5.2. Exclusive competence of the general meeting of SNT

Law No. 66-FZ (Article 21) refers the decision of the following issues to the exclusive competence of the general meeting of members of a horticultural partnership (meeting of authorized persons):

1) amendments to the Articles of Association of the partnership and additions to the Articles of Association or approval of the Articles of Association in new edition;

2) admission to the partnership and exclusion from its members;

3) determination of the quantitative composition of the board of the partnership, 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 the association;

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

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

7) making a decision on the partnership's entry into associations (unions) of horticultural non-profit partnerships;

11) setting the amount of penalties for late payment of contributions, changing the terms for making contributions by low-income members of the partnership;

12) approval of the income and expenditure estimates of the partnership and making decisions on its implementation;

14) approval of reports of the board, acts of the audit commission (auditor), commission for monitoring compliance with the law;

15) encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the law and members of the partnership.

The listed items (1-15) art. 21, constituting the exclusive competence of the general meeting of members of the partnership (meeting of authorized persons), are intended to ensure the direct participation of all its members in managing the affairs of the partnership.

Members of the partnership, based on the current legislation, and above all on Law No. 66-FZ, independently develop and approve the Charter of their partnership.

The most essential right of the general meeting of members of the partnership is the introduction of amendments and additions to the charter of the partnership, as well as the approval of the charter in a new edition.

The general meeting of the members of the partnership elects not only the board, but also its chairman. However, this does not mean that it can be opposed to the rule. Being the chairman of the board, he is obliged to observe the principle of collegiality in resolving issues, remaining accountable not only to the general meeting, but also to the board of the association.

According to the norms of Law No. 66-FZ, the procedure for electing the chairman of the board should be as follows: first, at the general meeting of members of the partnership, the composition of the board is elected (subparagraph 3 of paragraph 1 of article 21), and then the meeting of members of the board (which is not specified in the next subparagraph 4 of paragraph 1 of article 21) elects the chairman of the board.

Of course, such a procedure does not allow the members of the partnership, when electing a chairman, to focus on the main official in the association - the chairman of the board.

But the Law also provides another option for electing the chairman of the board of the partnership, a more democratic one. However, in practice this is what happens. The general meeting elects from all the members of the partnership first the chairman of the board, who automatically becomes its member, then elects the members of the board of the partnership. AND given order does not conflict with the meaning of the law.

Particularly important powers are granted to the general meeting of members of the partnership in the field of financial and economic activities.

These include, first of all, the right to make decisions on the use of the property of the partnership, establish the size of entrance, membership and target fees, approve the income and expenditure estimates and make decisions on its implementation.

The issues of the exclusive competence of the general meeting of the partnership were cited above (Article 21 of Law No. 66-FZ), among which the approval of the income and expenditure estimate (budget) of the partnership and its implementation occupy only 12th place, although this article is the basis of the financial and economic activities of the partnership.

It is well known that the approval of the estimate is made by the participants of the general meeting of the partnership, as a rule, \"by ear \", which does not allow them to delve into its essence. Apparently, those partnerships are doing the right thing, the Charter of which provides that at least two weeks before the general meeting, the members of the partnership should receive a written report on the execution of the income and expenditure estimates for the past year and a draft of this estimate for the coming financial and economic year. Only after familiarization with these documents of the members of the partnership can a reporting or reporting-election meeting be held.

Notification of the members of the partnership about the holding of a general meeting of its members can be carried out in writing (postcards, letters), as well as by placing appropriate announcements on information boards located on the territory of the association.

Notice of the general meeting shall be sent to the members of the partnership no later than two weeks before the date of its holding. The notice of the general meeting of the members of the partnership must indicate the content of the issues submitted for discussion.

The Charter and the internal regulations of the partnership may establish the procedure and conditions for absentee voting by poll (Federal Law of November 22, 2000 N 137-FZ). These documents must provide for the text of the ballot for absentee voting, the procedure for informing the members of the partnership of the proposed agenda, getting acquainted with the necessary information and documents, making proposals for the inclusion of additional issues on the agenda, as well as indicating a specific deadline for the completion of the absentee voting procedure.

The general meeting of members of a horticultural partnership cannot be held in absentia if the agenda includes the approval of income and expenditure estimates, board reports and acts of the audit commission (auditor) of the partnership.

The general meeting of the members of the partnership is competent if more than 50% of the members of the partnership (at least 50% of the authorized persons) are present at the said meeting. A member of the partnership has the right to participate in voting personally or through his representative, whose powers must be formalized by a power of attorney certified by the chairman of the partnership.

Broad powers granted to the supreme management body of the partnership in considering and resolving issues in the main areas of economic and social activities, which concern the rights and interests of all its members, revealed the need to establish the most democratic conditions in organizing and holding a general meeting of the partnership.

The adoption of the rules of the general meeting of members of the partnership (subparagraph 8 of clause 1 of article 21) helps to ensure an organized discussion and resolution of issues. At the same time, issues of the exclusive competence of the general meeting of members of the partnership cannot be transferred to the permission of the board or its chairman, even by decision of the general meeting itself.

Decisions to amend the Articles of Association of the partnership and addenda to the Charter or to approve the Articles of Association in a new edition, to expel members of the partnership, to liquidate and / or reorganize it, to appoint a liquidation commission and to approve the interim and final liquidation balance sheets are taken by the general meeting of members of the partnership by a two-thirds majority.

Other decisions of the general meeting of members of the partnership are made by a simple majority of votes.

And one more additional guarantee to ensure the legality of the decision of the general meeting of members of the partnership - it must be communicated to its members within seven days after its adoption.

A member of a horticultural partnership has the right to appeal to the court the decision of the general meeting, as well as the decision of the board and its chairman, which violated the rights and legitimate interests of a member of the partnership.

5.3. Board of SNT and its competence

According to Art. 22 of Law No. 66-FZ, the board is a collegial executive body, accountable only to the general meeting of members of the association.

Local authorities do not have the right to interfere in the activities of the board of the partnership, and it is not accountable to them. The Board is exempt from submitting reports to local authorities on the compliance of buildings erected on the sites with established norms and rules, on the intended use of state loans by members of the partnership. It is not the duty of the board to exercise control over the work carried out by the members of the partnership on laying the garden, landscaping its territory, inventory of plantings and buildings erected by members of the partnership on their plots, which existed in the previous model charters of horticultural partnerships.

The board of the partnership is elected by direct secret ballot from among its members for a period of two years by the general meeting of members of the partnership, unless otherwise provided by the charter of the partnership. The number of members of the board is established by the general meeting of members of the partnership.

The issue of early re-election of members of the board may be raised at the request of at least one third of the members of the partnership.

Meetings of the board of the partnership are convened by the chairman of the board at the time established by the board, and also as necessary.

Board meetings are competent if at least two thirds of its members are present. Decisions of the board are taken by open voting by a simple majority of votes of the board members present.

The competence of the board includes:

1) practical implementation decisions of the general meeting of members of the partnership;

2) operational management of the current activities of the partnership;

3) drawing up income and expenditure estimates and reports of the partnership, submitting them for approval by the general meeting of its members;

4) disposal of tangible and intangible assets of the partnership to the extent necessary to ensure its current activities;

5) organizational and technical support for the activities of the general meeting of members of the partnership;

6) organization of accounting and reporting of the partnership, preparation annual report and submitting it for approval by the general meeting of members of the partnership;

7) organizing the protection of the property of the partnership and the property of its members;

8) organizing insurance of the property of the partnership and the property of its members;

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

10) purchase and delivery of planting material, garden tools, fertilizers, chemicals;

11) ensuring the office work of the association and the maintenance of its archive;

12) employment in the partnership of persons under employment contracts, their dismissal, encouragement and imposition of penalties, keeping records of employees;

13) control over the timely payment of entrance, membership and target fees, contributions to special funds;

14) making transactions on behalf of the partnership;

15) assistance to the members of the partnership in the gratuitous transfer of agricultural products to orphanages, nursing homes for the elderly and disabled, preschool educational institutions;

16) exercise foreign economic activity partnerships;

17) consideration of applications of members of the partnership.

The Board of SNT, in accordance with the legislation of the Russian Federation and the Articles of Association of the partnership, has the right to make decisions necessary to achieve the goals of the partnership and ensure its normal operation.

5.3.1. Does a person who is not a member of the partnership, but has a land plot on its territory, have the right to be elected to the board of the SNT?

Law No. 66-FZ (Article 8) does not provide for the right of citizens who are not members of a horticultural non-profit partnership and run an individual household to be elected to the board of the partnership. Their relations are built on the terms and conditions concluded in written form of contracts in the manner determined by the general meeting of members of the partnership. At the same time, the meeting establishes the amount of payments for the use of social infrastructure facilities general purpose(road maintenance, electricity and water supply, improvement facilities, etc.).

If the rights of\"individuals \" are violated, in particular, the refusal of the board and the general meeting of the partnership to conclude contracts with them for individual housekeeping, these citizens have the right to appeal against such actions in court.

Therefore, the relationship of non-members of the partnership with its governing bodies (board and general meeting) is not of an organizational and legal nature, based on membership in the partnership, but of a civil law nature, which is based on contractual relations.

In this regard, Article 22 of Law No. 66-FZ clearly establishes that the board of a horticultural non-profit partnership\"is elected by direct secret ballot from among its members for a period of two years by a general meeting of members of such a partnership\".

However, the foregoing does not mean that citizens engaged in gardening individually on the territory of the partnership should be excluded from the activities of the governing bodies of this partnership. They have the right to participate in general meetings of members of the partnership, to express their opinion with the right of an advisory vote, to participate in the work of commissions.

5.4. Powers of the Chairman of the Board

The board of the horticultural non-profit association is headed by the chairman of the board, elected from among the members of the board for a term of two years. According to Art. 23 of Law No. 66-FZ, the powers of the chairman of the board are determined by this law and the Charter of the partnership. The chairman of the board, in case of disagreement with the decision of the board, has the right to appeal this decision to the general meeting of members of the partnership.

The chairman of the board of the partnership acts without a power of attorney on behalf of the partnership, including:

1) chair the meetings of the board;

2) has the right of first signature on financial documents that, in accordance with the Articles of Association of the partnership, are not subject to mandatory approval by the board or the general meeting of members of the partnership;

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

4) on the basis of a decision of the board of directors, enter into transactions and open accounts of the association;

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

6) ensures the development and submission for approval by the general meeting of members of the partnership of the internal regulations of the partnership, the provisions on the remuneration of employees who have concluded employment contracts with the partnership;

7) carries out representation on behalf of the partnership in state authorities, local governments, as well as in organizations;

8) consider applications of members of the partnership.

The chairman of the board of a horticultural non-profit partnership, in accordance with the Charter, performs other duties necessary to ensure the normal operation of the partnership, with the exception of duties assigned by the Law and the charter of the partnership to other management bodies of the partnership.

5.5. Responsibility of the chairman of the board of SNT and members of the board

In accordance with Art. 24 of Law No. 66-FZ, the chairman of the board of a horticultural non-profit partnership and members of its board, in exercising their rights and fulfilling their established duties, must act in the interests of the partnership, exercise their rights and perform the established duties conscientiously and reasonably.

As for the liability of the chairman of the board and its members, Article 24 of Law No. 66-FZ provides that for their unlawful actions they may be subject to disciplinary, material, administrative or criminal liability in proportion to their fault.

The fact is that Law No. 66-FZ gives the board wide rights to dispose of the tangible and intangible assets of the partnership, to execute the income and expenditure estimate approved by the general meeting, to make civil law transactions on behalf of the partnership, to organize the construction and maintenance of public facilities, to hire under labor contracts and other equally important rights, up to the implementation of foreign economic activity.

Given the extensive rights of the board to dispose, as a rule, of large monetary and material resources, the legislator establishes the personal responsibility of the chairman and members of the board for the performance of their duties in the interests of the partnership in good faith and reasonably.

And here the provision of paragraph 2 of Art. 24 of Law No. 66-FZ, which establishes that the chairman of the board of a horticultural non-profit partnership, members of its board are liable to the partnership for losses caused to it by their actions (inaction). At the same time, members of the management board who voted against the decision, which caused losses to the partnership, or who did not take part in the voting, are not liable.

The question of responsibility for the committed illegal actions (inaction) of the chairman and members of the board, which caused property damage to gardeners, can be raised directly by the members of the partnership at the general meeting or by contacting executive bodies authorities or law enforcement agencies. But, of course, the most responsible role belongs to the audit commission of the partnership, and the prevention of abuses in the financial and economic activities of the board of the partnership largely depends on its effectiveness.

5.5.1. What is the procedure for compensating for material damage caused to members of the partnership by unlawful actions of its board?

Civil law under the material damage understands the damage caused to property, as a result of which there is its cost reduction or loss.

There are two main types of damage that caused material damage to a dwelling:

1) due to the unlawful behavior of the tortfeasor, his action or inaction;

2) as a result of causing harm to the living quarters through negligence.

For culpable harm, general rule tort liability arises. A delict means any violation in civil legal relations that do not constitute criminal acts. Tort liability entails only the obligation to compensate for the damage caused.

According to Art. 401 of the Civil Code of the Russian Federation, guilt is expressed in the form of intent or negligence. Intent is understood as the foreseeing of the harmful result of unlawful behavior or the conscious assumption of the occurrence of such a result.

Negligence is expressed in the absence of the care, foresight, and care required under certain circumstances. Article 1083 of the Civil Code of the Russian Federation distinguishes between gross and simple negligence, and their assessment determines the degree of guilt of the person and the amount of compensation for the harm caused.

Very often, damage is caused by employees hired by the board in the performance of their labor (service, official) duties. Citizens performing work on the basis of employment contract(contract), as well as citizens performing work under a civil law contract (for example, under a work contract), if at the same time they acted or should have acted on the instructions of the relevant legal entity (in this case, a horticultural non-profit partnership) or a citizen and under his control over the safe conduct of work.

For example, under an agreement with a partnership, a contractor performed road construction work, while causing significant damage to the fences of gardeners' plots and fruit trees located on them. In this case, the damage to the injured gardeners is compensated in full by the board of the partnership, which, in turn, makes appropriate demands on the contractor performing the work. However, the payment of compensation to gardeners for the damage caused to them does not depend on the outcome of the proceedings between the partnership and the contractor.

5.5.2. Does the board of the partnership have the right to increase the tariff for payment for electricity from the members of the partnership in comparison with the tariff established by the energy sales company, and does the board have the right to turn off the electricity from the owner of the site for non-payment of membership fees?

It is completely illegal if the board charges members of the partnership for electricity at tariffs exceeding the amounts established by the regional commissions for energy resources. If this happens, then the sums of the search should be taken into account in subsequent calculations for electricity with members of the partnership, and those responsible for the violation should be held liable in statutory okay.

The supply of electricity to the consumer may be completely or partially interrupted in the following cases:

1) unsatisfactory condition of the electrical wiring and failure to comply with the requirements of the person responsible for the electrical facilities of the partnership to eliminate the identified violations;

2) connection of current collectors in addition to the meter or violation of electricity metering schemes;

3) avoidance officials to check the condition of the consumer's electrical installations or electricity devices;

4) non-payment of the payment document for electricity within the established time limits. For these violations, power is cut off after a preliminary warning to the consumer and only in cases where he has not eliminated the violations within the prescribed period.

For other violations of the Charter of the partnership, in particular for non-payment of membership fees, the board is not entitled to use the power outage as an impact on the non-payer, since payment for electricity is made by gardeners separately, i.e. in addition to the established membership fees.