For a huge number of Russian families, working in their own garden or in the garden is a favorite form of leisure. The status of a gardener-summer resident unites a lot of people who have managed to turn work into a vacation. Such in Russia - about half of the entire adult population, especially in large cities. The leaders, without a doubt, are Moscow and St. Petersburg, surrounded by an endless summer cottage.
On a modern map, you can count about eighty thousand gardening associations. These include summer cottage, horticultural and vegetable garden non-profit associations. The lands occupied under them bring about half of the berries and fruits, about a quarter of all vegetables and a fifth - of potatoes grown in Russia.
Summer clerk or gardener?
The differences between gardeners, gardeners and summer residents are spelled out in Federal Law of 04.15.1998 No. 66-FZ, which is called "On Gardening, Gardening and Country Non-Profit Associations." According to him, there are three types of land - cottage, garden and garden. Each plot in a horticultural partnership is provided to citizens (or acquired) for a different purpose. Garden, like garden ─ to grow crops - vegetables, fruits or berries. Country ─ to relax. But at the same time, summer residents are not forbidden to cultivate the land and grow crops.
The garden plot differs from the garden plot in that its owner is entitled to construct residential and household buildings, and the owner of the garden garden is not always.
About country houses
In a residential building built on a private plot, a summer resident has the right to live with permanent registration - unlike a gardener.
Until 1990, on land plots with garden status, it was allowed to build buildings no higher than one floor and no more than strictly standardized sizes, which was reflected in the standard charter of a gardening partnership. The situation changed only with the beginning of the 90s, when these restrictions were declared unconstitutional.
Horticultural partnership
Under the law, gardening can be done individually. But practice shows that it is more profitable and more convenient for owners of land plots to join forces. That is why non-profit organizations are created on a voluntary basis, with the goal of helping participants solve common issues - economic and social.
SNT - a non-profit gardening partnership - is a classic example of such an organization. Its number should be at least three participants. A horticultural partnership is required to undergo state registration as a legal entity.
The charter is the basis of everything
The main document for the establishment of a non-profit association is its charter, which is adopted and approved at a general meeting. The charter of a horticultural partnership is developed on the basis of a model clause taking into account local characteristics and needs.
This non-profit organization is managed by the chairman of the board, whose powers are established by law No. 66-FZ of 04.15.98, as well as approved by the charter of the partnership.
About SNT Guide
The main governing body of the SNT is the general meeting, which, by direct vote, elects the board. Early re-election of the board is possible only at the request of its members.
Meetings of meetings of authorized members of the partnership must be recorded in minutes. Each protocol is signed by the chairman of the horticultural partnership and the secretary of the meeting. The document is sealed with the seal of the organization and is subject to permanent storage.
Who is a member of such an association?
According to the law, a member of a horticultural partnership (non-commercial partnership) is any citizen of the Russian Federation over the age of 18 who owns a plot in this partnership.
Landowners have the right to host in their own territory (if the plot is not withdrawn and not limited in circulation) and carry out construction according to their own plan. Being a member of SNT, such a gardener receives both additional rights and obligations.
Duties and rights of SNT members
The right to be elected to horticultural authorities (as well as elect others) implies the ability to influence decision-making regarding the common good. And responsibilities that go side by side with rights require gardeners to obey the decisions of the general meeting and his board, use the site only according to their intended purpose and protect the land from damage.
The entire list of responsibilities is described in detail by the same law on horticultural partnerships No. 66-FZ (Article 19). All the main issues and moments of the suburban life of Russians, this legal document regulates in sufficient detail. In its eleven chapters established forms of farming (garden, garden or country). The issues of land zoning, the nuances of providing land for sale and ownership, as well as the issues related to the creation and liquidation of gardening associations, their management, rights and obligations of members and management are discussed in detail.
Issues related to horticultural partnerships are also addressed in separate chapters of the Urban Planning and Land Codes of the Russian Federation, as well as in the Civil and Tax Code.
About residential buildings on land
The Federal Law on Horticultural Partnerships introduced the term “residential buildings”, which was not mentioned earlier in the Housing Code. According to the latter, this type of building is not considered an object of housing rights. But actually, on the lands of horticultural partnerships, houses quite suitable for housing have appeared everywhere, sometimes not just comfortable, but truly luxurious.
Back in the early 1990s, attempts were made to give the "garden house" the status of real housing. Federal Law of December 24, 1992 No. 4218-1 granted citizens who have their own buildings in garden or summer cottage plots the right to re-register them as private houses. Of course, provided that they comply with the standards for residential premises. But from 01.03.05, the new Housing Code canceled this privilege.
In 2008, the Constitutional Court of the Russian Federation allowed individual residential garden buildings to be attributed to the housing stock.
The procedure for recognizing it as suitable for living is quite complicated, and the subjects of the federation themselves regulate the grounds and procedure for recognizing buildings as permanent housing.
Help from the authorities
The state provides gardeners with all possible assistance, primarily the creation of transport and social infrastructure. This includes the construction of shops and consumer service centers, sports grounds and children's towns in the territory of the SNT, assistance in organizing security, etc.
The most important issue for gardeners is transport accessibility. As a rule, local authorities try to provide assistance not only in laying and repairing roads, but also in organizing bus routes, especially on weekends.
Collectivism or individualism?
In the presence of a certain number of those who prefer individual housekeeping, the collective approach generally prevails. The law provides for partnership members the right to voluntarily withdraw with the conclusion of an agreement on the use of roads, utilities and other common property. Such agreements provide for the payment of assessed contributions.
Both members of horticultural partnerships and "free" gardeners are required to pay land tax.
Nevertheless, there are few individualists. SNT, like other types of non-profit associations, have proven their effectiveness and ability to adapt to the conditions of the time.
About entrepreneurial activity
A horticultural partnership, as already mentioned, refers to non-profit organizations. That is, in this case, its members are united not for profit, but to satisfy personal needs for agricultural products.
At the same time, the charter of a partnership may provide for the possibility of entrepreneurial activity. In this case, the profit should be directed to the development of the organization and assistance to gardeners. Legal entities are not accepted as members of a horticultural partnership.
Contributions of participants - types and purpose
The Law on Horticultural Partnerships clarifies what types of contributions exist for payment in such partnerships and how they differ.
Entrance fees are understood as amounts made by members of a non-profit association for paperwork and organizational expenses.
Membership fees - funds regularly paid by members of the association for operating expenses, for example, for the payment of wages of employees under contracts (watchmen, electricians, etc.).
Targeted contributions are those that are made for the creation or acquisition of property for general use. This includes everything that is intended to meet the needs of its members in the territory of a horticultural partnership for water supply, sanitation, passage and passage, electricity and gas supply, heat, security, etc. These are roads, gates and fences for general use, water towers, boiler houses, platforms for garbage, fire fighting facilities, etc.
About taxes
SNT pays property tax for the partnership land. It is calculated depending on the area of land of horticultural partnerships minus plots of those members who own them. Such owners pay tax on their own as individuals upon tax notices from the Federal Tax Service. Land leasers pay taxes through horticulture.
Other points
A horticultural partnership should be fenced along the border of the territory (you can do without a fence with the existing natural borders - a river, a ravine).
It is recommended to take out the garbage, in the absence of such an opportunity - to decide on the disposal or disposal in agreement with the Sanitary and Epidemiological Service.