Please note: Federal Law of April 15, 1998 N 66-FZ "On gardening, vegetable gardening and dacha non-profit associations of citizens" no longer valid as of January 1, 2019 in connection with the publication and entry into force of the Federal Law of July 29, 2017 N 217-FZ "On the conduct of gardening by citizens for their own needs and on amendments to certain legislative acts Russian Federation"
Federal Law N 66-FZ "On horticultural, gardening and dacha non-profit associations of citizens":
Article 16. Creation of a horticultural, gardening or dacha non-profit association
1. A gardening, vegetable gardening 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 gardening, vegetable gardening or dacha non-profit association.
2. The number of members of a gardening, gardening or dacha non-profit association must be at least three people.
3. The constituent document of a horticultural, gardening or dacha non-profit association is the charter approved by the general meeting of the founders of the non-profit association.
4. In the charter of a horticultural, gardening or dacha non-profit association in mandatory are indicated:
organizational and legal form;
name and location;
subject and goals of 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;
procedure for establishing the amount of membership fees. This procedure may include, among other things, establishing the size membership fee depending on the area of the land plot of a member of such an association and (or) the total area of the real estate objects belonging to him and located on this land plot;
the procedure for making entrance, membership, target, share and additional contributions and the responsibility of 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 management bodies of such an association, their competence, the procedure for organizing activities;
composition and competence of the control bodies of such an association;
the procedure for forming the property of such an association and the procedure for paying the cost of part of the property or issuing part of the property in kind in the event of a citizen leaving the membership of such an association or the liquidation of such an association;
terms of remuneration for workers 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 expulsion from members of such an association and the application of other sanctions for violation of the charter or internal rules of such an association;
the procedure for reorganization and the procedure for liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, gardening or dacha non-profit associations, the procedure for opening its representative office;
the procedure for maintaining the register of members of a horticultural, gardening or dacha non-profit association (hereinafter also referred to as the register of members of the association);
the procedure for providing members of such an association with information about the activities of the management bodies and control body of such an association.
The charter of a horticultural, gardening or dacha consumer cooperative also specifies the responsibility of the members of such a cooperative for its debts.
The charter of a horticultural, 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, gardening or dacha non-profit association cannot contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
6. Decisions of the governing bodies of a horticultural, gardening or dacha non-profit association cannot contradict its charter.
1. A gardening, vegetable gardening 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 gardening, vegetable gardening or dacha non-profit association.
2. The number of members of a gardening, gardening or dacha non-profit association must be at least three people.
3. The constituent document of a horticultural, gardening or dacha 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, gardening or dacha non-profit association must indicate:
organizational and legal form;
name and location;
subject and goals of 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;
procedure for establishing the amount of membership fees. This procedure may include, among other things, establishing the size of the membership fee depending on the area of the land plot of a member of such an association and (or) the total area of real estate owned by him and located on this land plot;
the procedure for making entrance, membership, target, share and additional contributions and the responsibility of 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 management bodies of such an association, their competence, the procedure for organizing activities;
composition and competence of the control bodies of such an association;
the procedure for forming the property of such an association and the procedure for paying the cost of part of the property or issuing part of the property in kind in the event of a citizen leaving the membership 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 expulsion from members of such an association and the application of other sanctions for violation of the charter or internal rules of such an association;
the procedure for reorganization and the procedure for liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, gardening or dacha non-profit associations, the procedure for opening its representative office;
the procedure for maintaining the register of members of a horticultural, gardening or dacha non-profit association (hereinafter also referred to as the register of members of the association);
the procedure for providing members of such an association with information about the activities of the management bodies and control body of such an association.
The charter of a horticultural, gardening or dacha consumer cooperative also specifies the responsibility of the members of such a cooperative for its debts.
The charter of a horticultural, 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, gardening or dacha non-profit association cannot contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
6. Decisions of the governing bodies of a horticultural, gardening or dacha non-profit association cannot contradict its charter.
1. The board of a horticultural, gardening or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members of such an association (meeting of authorized representatives).
In its activities, the board of a horticultural, 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 organs local government and the charter of such association.
The board of a horticultural, gardening or dacha non-profit association is elected by direct secret ballot from among its members for a period of two years by the general meeting of members of such an association (meeting of authorized representatives), unless otherwise provided by the charter of such an association. The number of members of the board is established by the general meeting of members of such an association (meeting of authorized representatives).
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 such an association.
2. Meetings of the board of a horticultural, gardening or dacha non-profit association are convened by the chairman of the board within the time limits established by the board, as well as as necessary.
Meetings of the board are valid if at least two thirds of its members are present.
Board decisions are made by open vote by a simple majority of votes of the board members present. In case of equality of votes, the vote of the chairman of the board is decisive.
(as amended by Federal Law dated July 3, 2016 N 337-FZ)
(see text in the previous edition)
The decisions of the board of a horticultural, 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, gardening or dacha 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;
(Clause 2 introduced by Federal Law dated November 22, 2000 N 137-FZ)
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 by the general meeting of its members (meeting of authorized representatives);
5) disposal of tangible and intangible assets of such an association to the extent 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) organization of accounting and reporting of such an association, preparation of an annual report and submission of it for approval by the general meeting of members of such an association (meeting of authorized representatives);
8) organizing the protection of the property of such an association and the property of its members;
9) organizing 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, utility networks, roads and other public facilities;
11) purchase and delivery planting material, garden tools, fertilizers, pesticides;
12) ensuring the records management of such an association and maintaining its archive;
13) hiring persons into such an association under employment contracts, their dismissal, rewarding and imposing penalties on them, keeping records of employees;
14) control over the timely payment of entrance, membership, target, share and additional contributions;
15) carrying out transactions on behalf of such an association;
Federal Law of the Russian Federation "On gardening, gardening and dacha non-profit associations of citizens" of Russia Legislation
Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY OF A GARDENING, VEGETABLE OR HOLIDAY NON-PROFIT ASSOCIATION
Chapter VII. ORGANIZATION AND DEVELOPMENT OF THE TERRITORY
GARDENING, VEGETABLE OR HOLDING
NON-PROFIT ASSOCIATION
Article 32. The procedure for developing projects for the organization and development of the territory of a horticultural, gardening or dacha non-profit association
1. Development of projects for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is carried out in accordance with the land use and development rules established by land and urban planning legislation, the system of state urban planning standards and rules.
2. A gardening, vegetable gardening or dacha non-profit association as legal entity has the right to begin developing 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.
(as amended by Federal Law No. 66-FZ dated May 13, 2008)
Members of a horticultural, gardening or dacha non-profit association have the right to start using garden, vegetable or dacha land plots after the implementation of a project for the organization and development of the territory of such an association and approval by the general meeting of its members (meeting of authorized representatives) of the distribution of garden, vegetable or dacha land plots among the members of such an association.
A vegetable gardening non-profit association, the charter of which does not provide for the assignment of land plots to citizens by right of ownership, has the right to begin using the allocated land plot without drawing up a project for the organization and development of the territory of such an association.
3. A project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is drawn up on the basis of a petition from its board. The following are attached to this application:
topographic survey materials, and, if necessary, geotechnical survey materials;
architectural and planning task;
technical conditions of engineering support for the territory of such an association.
The project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association is coordinated with such an association that ordered this project, and is approved within two weeks by the local government body on whose territory the land plot is allocated.
Documents required for coordination and approval project documentation, are:
a project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association with an explanatory note;
financial estimates;
graphic materials in scale 1:1000 or 1:2000 containing master plan development of the territory of a horticultural, gardening or dacha non-profit association, relocation drawing the said project to the area, the diagram of utility networks.
Copies of the project for the organization and development of the territory of a horticultural, gardening or dacha non-profit association with all text and graphic materials are transferred to such an association and the relevant local government body.
Information about documents certifying the right of such an association to land is requested from the federal executive body authorized for state registration of rights to land. 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 a horticultural, gardening or dacha non-profit association).
(paragraph introduced by Federal Law dated July 1, 2011 No. 169-FZ)
From the book Federal Law of the Russian Federation "On gardening, gardening and dacha non-profit associations of citizens" author Russian LegislationArticle 5. Name and location of a horticultural, gardening or dacha non-profit association 1. A horticultural, gardening or dacha non-profit association has a name containing an indication of its organizational and legal form and
From the author's bookArticle 6. Legal status of a gardening, vegetable gardening or dacha non-profit association 1. A gardening, vegetable gardening or dacha non-profit association as a non-profit organization has the right to carry out entrepreneurial activities,
From the author's bookArticle 7. Powers of a horticultural, gardening or dacha non-profit association A gardening, horticultural or dacha non-profit association, in accordance with civil legislation, has the right to: carry out actions necessary to achieve
From the author's bookArticle 16. Creation of a horticultural, vegetable gardening or dacha non-profit association 1. A horticultural, vegetable gardening or dacha non-profit association is created on the basis of a decision of citizens as a result of establishment or as a result of reorganization
From the author's bookArticle 17. State registration of a horticultural, gardening or dacha non-profit association State registration of a horticultural, gardening or dacha non-profit association is carried out in the manner prescribed
From the author's bookArticle 19. Rights and obligations of a member of a horticultural, gardening or dacha non-profit association 1. A member of a horticultural, gardening or dacha non-profit association has the right: 1) to elect and be elected to the governing bodies of such an association
From the author's bookArticle 22. The board of a horticultural, gardening or dacha non-profit association 1. The board of a horticultural, gardening or dacha non-profit association is a collegial executive body and is accountable to the general meeting of members
From the author's bookArticle 23. Powers of the chairman of the board of a horticultural, gardening or dacha non-profit association 1. The board of a horticultural, gardening or dacha non-profit association is headed by the chairman of the board, elected from among the members
From the author's bookArticle 32. The procedure for developing projects for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association 1. Development of projects for the organization and development of the territory of a horticultural, vegetable gardening or dacha non-profit association
From the author's bookArticle 33. Standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association 1. Standards for the organization and development of the territory of a horticultural, gardening or dacha non-profit association are established
From the author's bookChapter IX. REORGANIZATION AND LIQUIDATION OF A GARDENING, VEGETABLE OR COUNTRY NON-PROFIT ASSOCIATION Article 39. Reorganization of a gardening, vegetable gardening or dacha non-profit association 1. Reorganization of a horticultural, vegetable gardening or dacha non-profit association
From the author's bookArticle 39. Reorganization of a horticultural, gardening or dacha non-profit association 1. Reorganization of a horticultural, gardening or dacha non-profit association (merger, accession, division, separation, change
From the author's bookArticle 40. Liquidation of a horticultural, gardening or dacha non-profit association 1. Liquidation of a horticultural, gardening or dacha non-profit association is carried out in the manner prescribed Civil Code Russian Federation,
From the author's bookArticle 41. Procedure for liquidation of a horticultural, gardening or dacha non-profit association 1. A horticultural, gardening or dacha non-profit association may be liquidated on the basis and in the manner provided for by the Civil Code
From the author's bookArticle 42. Property of a liquidated horticultural, vegetable gardening or dacha non-profit association 1. Land and real estate owned by a horticultural, vegetable gardening or dacha non-profit association and the remaining
From the author's bookArticle 43. Completion of the liquidation of a horticultural, gardening or dacha non-profit association 1. The liquidation of a horticultural, gardening or dacha non-profit association is considered completed, such an association is considered to have ceased to exist
To view photographs posted on the site in an enlarged size, you need to click on their reduced copies.
REFERENCE to the draft Charter of SNT "Pishchevik"
Federal Law No. 66 of April 15, 1998 “On gardening, gardening and dacha non-profit associations of citizens”
Article 16. Creation of a horticultural, gardening or dacha non-profit association.
- Gardening, gardening 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, gardening or dacha non-profit association.
- The number of members of a gardening, gardening or dacha non-profit association must be at least three people.
- The constituent document of a horticultural, gardening or dacha non-profit association is charter, approved by the general meeting of the founders of the non-profit association.
- The charter of a horticultural, gardening or dacha non-profit association must indicate:
Organizational and legal form;
Name and location;
Subject and goals of the activity;
The procedure for admission to and withdrawal from such an association;
Rights and obligations of such an association;
rights, responsibilities and the responsibility of members of such an association;
The procedure for establishing the amount of membership fees. This procedure may provide, inter alia, for establishing the size of the membership fee depending on the area of the land plot of a member of such an association and (or) the total area of real estate owned by him and located on this land plot;
(paragraph introduced by Federal Law dated July 3, 2016 N 337-FZ)The procedure for making entrance, membership, target, share and additional contributions and the liability of 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 management bodies of such an association, their competence, the procedure for organizing activities;
The composition and competence of the control bodies of such an association;
(paragraph introduced by Federal Law No. 137-FZ of November 22, 2000) the procedure for forming the property of such an association and the procedure for paying the cost of part of the property or issuing part of the property in kind in the event of a citizen leaving the members of such an association or liquidation of such an association associations;
Conditions of remuneration for employees who have entered into employment contracts with such an association;
Change order charter such an association;
The grounds and procedure for expulsion from members of such an association and the application of other sanctions for violation of the charter or internal rules of such an association;
The procedure for maintaining the register of members of a horticultural, gardening or dacha non-profit association (hereinafter also referred to as the register of members of the association);
The procedure for providing members of such an association with information about the activities of the management bodies and control body of such an association;
(paragraphs introduced by Federal Law dated July 3, 2016 N 337-FZ)The procedure for reorganization and the procedure for liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, gardening or dacha non-profit associations, the procedure for opening its representative office.
The charter of a horticultural, gardening or dacha consumer cooperative also specifies the responsibility of the members of such a cooperative for its debts.
IN charter of a horticultural, gardening or dacha non-profit partnership, the procedure for the formation of a special fund, which is the property of such a partnership, is also indicated.
- The provisions of the charter of a horticultural, gardening or dacha non-profit association cannot contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
- Decisions of the governing bodies of a horticultural, gardening or dacha non-profit association cannot contradict its charter.