organization and development of the territory of a horticultural, gardening or dacha non-profit association. Chapter VII

07.02.2022

On July 3, 2016, amendments were made to the Federal Law of April 15, 1998 N 66-FZ “On gardening, market gardening and dacha non-profit associations of citizens.” The changes introduced by Federal Law No. 337-FZ of July 3, 2016 came into force on the date of official publication - July 4, 2016.

The concept of Register of members of a horticultural, gardening or dacha non-profit association is introduced.

The register of members of the association must contain:

surname, name, patronymic of a member of such an association;
postal address and (or) email address at which messages can be received by a member of such an association;
cadastral (conditional) number of the land plot, the owner of which is a member of such an association and other information provided for by the charter of such an association.

The duty of a member in connection with the formation of the register of an association is now:

give reliable and necessary information for maintaining the register of members of the association and promptly inform the board of the association about changes in the specified information
within ten days from the date of termination of rights to the land plot belonging to him notify in writing about this is the board of a horticultural, gardening or dacha non-profit association.

The specified register must be created no later than one month from the date of state registration of a horticultural, gardening or dacha non-profit association. Gardening, gardening or dacha non-profit associations of citizens created before the entry into force of this Federal Law are required to create a register of members of the relevant association before June 1, 2017.

The Register is maintained by the chairman of the board of the association or another authorized member of the board of the association. Collection, processing, storage and distribution of information necessary for maintaining the register of members of the association is carried out in accordance with the law Russian Federation about personal data.

Federal Law July 27, 2006 N 152-FZ “On Personal Data”: Operators and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law. When processing personal data, the operator is obliged to take the necessary legal, organizational and technical measures or ensure their adoption to protect personal data from unauthorized or accidental access to it, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other unlawful actions regarding personal data.

Article 15. Register of members of the partnership

1. No later than one month from the date of state registration of the partnership, in accordance with the charter of the partnership, the chairman of the partnership or other authorized member of the board of the partnership creates a register of members of the partnership and maintains it.

2. The processing of personal data necessary for maintaining the register of members of the partnership is carried out in accordance with this Federal Law and the legislation on personal data.

3. The register of members of the partnership must contain data on the members of the partnership specified in Part 5 of Article 12 of this Federal Law, the cadastral (conditional) number of the land plot, the owner of which is a member of the partnership (after the distribution of land plots between the members of the partnership).

4. A member of the partnership is obliged to provide reliable information necessary for maintaining the register of members of the partnership, and promptly inform the chairman of the partnership or another authorized member of the board of the partnership about their changes.

5. In case of failure to comply with the requirement established by part 4 of this article, a member of the partnership bears the risk of attributing to him the expenses of the partnership associated with the lack of up-to-date information in the register of members of the partnership.

6. Information about the persons specified in Part 1 of Article 5 of this Federal Law may be entered into a separate section of the register of members of the partnership in the manner established by this article, with the consent of such persons.

Article 5. Carrying out gardening or truck farming on land plots located within the boundaries of the gardening or truck farming territory, without participating in a partnership

1. Gardening or vegetable gardening on garden land plots or vegetable garden plots located within the boundaries of the gardening or vegetable gardening territory, without participation in the partnership, can be carried out by the owners or, in the cases established by Part 11 of Article 12 of this Federal Law, by the copyright holders of garden or vegetable plots of land, who are not members of the partnership.

2. The persons specified in part 1 of this article have the right to use the property common use located within the boundaries of the gardening or vegetable farming territory, on equal terms and to the extent established for members of the partnership.

3. The persons specified in part 1 of this article are required to pay fees for the acquisition, creation, maintenance of public property, current and major repairs of capital construction projects related to public property and located within the boundaries of the horticulture or market gardening territory, for services and work partnership for the management of such property in the manner established by this Federal Law for the payment of contributions by members of the partnership.

4. The total annual amount of the fee provided for in Part 3 of this article is established in an amount equal to the total annual amount of target and membership fees of a member of the partnership, calculated in accordance with this Federal Law and the charter of the partnership.

5. In case of failure to pay the fee provided for in Part 3 of this article, this fee is recovered by the partnership in court.

6. The persons specified in part 1 of this article have the right to take part in the general meeting of members of the partnership. On the issues specified in paragraphs 4 - 6, 21 and 22 of part 1 of article 17 of this Federal Law, the persons specified in part 1 of this article have the right to take part in voting when decisions are made on these issues by the general meeting of members of the partnership. On other issues on the agenda of the general meeting of members of the partnership, the persons specified in Part 1 of this article do not take part in voting when making a decision at the general meeting of members of the partnership.

7. The persons specified in Part 1 of this article have the right provided for in Part 3 of Article 11 of this Federal Law.

8. The persons specified in part 1 of this article have the right to appeal decisions of the partnership bodies that entail civil consequences for these persons, in cases and in the manner prescribed by federal law.

The Federal Law “On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as the new law), adopted at the end of July 2017 (No. 217-FZ), even by its name indicates changes brought about by its appearance. 39 previously adopted legislative acts were subject to changes and additions at once. Apparently, for this reason, the date for the entry into force of the new law was postponed until January 1, 2019, with the establishment of a transition period of 5 years from the date of entry into force for the completion of certain reorganization procedures.

The main goal of the new law, which replaced the Federal Law “On gardening, vegetable gardening and dacha non-profit associations of citizens” (in this regard, no longer in force No. 66-FZ), can be considered as an attempt to resolve the situations that have arisen in the “dacha farming” of the country, in which, Somewhere successfully, somewhere not very effectively, 60 million gardeners, summer residents and vegetable gardeners work for their own benefit, and this, no less, is practically half of the Russian population.

The most painful problems that cause great criticism, as legislators found out when preparing the law, which began in 2014, were the following:

multiplicity of organizational forms of dacha and gardening associations (DNP, SNT, various horticultural and dacha cooperatives and other options, all together representing 9 independent legal forms of non-profit associations of citizens created to conduct country farming)
malicious extortions in the form of membership and other types of fees, which are not uncommon for many gardening and dacha partnerships
former administrative persecution for the construction of residential buildings on garden and summer cottages, and, accordingly, the impossibility of registration (registration) in capital buildings erected on sites that are absolutely suitable for living
the high cost of drilling and constructing water wells in gardening or in individual areas, the cost of which amounts to impressive amounts (from 1 million rubles to 2.5 million rubles) and without which, in the absence of a centralized water supply, staying at dachas becomes simply unthinkable
lack of real support from municipalities for existing and emerging new dacha and garden partnerships to provide them with utilities.

How does not the dacha, but the “garden and garden constitution” solve problems?

To understand what changes the new law brought and how it affected the lives of summer residents, we will review its main provisions, commenting on some features.

New organizational forms of non-profit associations of citizens for running countryside farming

The new law excludes such a legal organizational form of citizens’ associations as a “dacha non-profit partnership”, in connection with which the Land, Town Planning, Water, Civil, Housing Codes of the Russian Federation, the federal laws “On Subsoil”, “On Non-Profit Associations”, “On general principles organizations of local self-government in the Russian Federation”, “On state registration of real estate”, “On mortgage (pledge of real estate)”, “On specially protected natural areas”, “On agricultural cooperation” and a number of other laws have already been introduced and will be further amended accordingly changes.

The full use of the concept of dacha partnerships should disappear in 1.5 years, but it is unlikely that the familiar words “dacha” and “summer residents” will disappear from the everyday vocabulary during this time. Well, they are very close. Historically introduced into life since the time of Peter I, who granted his associates for their great services to the Fatherland land for estates in the magnificent surroundings of St. Petersburg, they came into use through the word “dacha,” which meant the action of the king (as a derivative of the verb “to give”).

The new law eliminated the artificially formed and still existing distinction between dacha and gardening partnerships created in accordance with the already mentioned Federal Law “On horticultural, gardening and dacha non-profit associations of citizens” and established only 2 types of legal status of country associations of citizens:

horticultural non-profit partnerships (SNT)
horticultural non-profit partnerships (ONT)

The rights of individuals who do not wish to enter into a partnership are set out below. In the meantime, let's look at what's new in SNT and ONT.

A gardening non-profit partnership and a gardening non-profit partnership are types of partnership of real estate owners.

New garden and vegetable plots of land, as before, are formed from the lands of settlements or from agricultural lands. Each garden or vegetable plot of land can be included within the boundaries of only one gardening or vegetable gardening territory.

Gardening or gardening on garden plots located within the boundaries of the partnership territory can be carried out by the owners of the plots in the following organizational and legal forms:

with participation in partnerships,
without participation in partnerships.

In accordance with the new law, it is established that a partnership can be formed with a minimum number of members of 7 people (Part 2 of Article 16 of the new law). If the requirement for the number of members of the partnership is not met, then such a non-profit association may be liquidated by a court decision:

at the claim of a state authority of a constituent entity of the Russian Federation,
at the request of the local government body at the location of the gardening or truck farming territory,
at the claim of the owner or copyright holder of a garden or vegetable plot located within the boundaries of the gardening or vegetable gardening territory.

When a partnership is liquidated, the partnership's common use property (with the exception of common use real estate owned by the partnership and remaining after satisfaction of creditors' claims) is transferred to the owners of plots located within the boundaries of the SNT or ONT territory:

proportional to their area,
regardless of whether these persons were members of the partnership (clause 1 of Article 28 of the new law).

The law also defines provisions regarding:

grounds and procedure for admission to membership of the partnership,
rights and obligations of members of the partnership,
grounds for termination of membership;
rights and obligations of the management body of the partnership,

to which several chapters and articles of the law are devoted, including Article 8, which reveals the main provisions of the Charter of the partnership.

The supreme body of the partnership is the general meeting of its members. It is valid if more than 50% of the members of the partnership are present at the meeting. Decisions of the general meeting of members of the partnership are made by a qualified majority of at least 2/3 of the votes of the total number of members of the partnership present at the general meeting.

The governing body of each of the new types of partnerships is, in general, the same body, but with partially changed powers:

chairman, representing the sole executive body,
the board, which is a permanent collegial executive body with a maximum number of at least 3 people, but no more than 5% of the number of members of the partnership, which not only creates a certain convenience in the “controllability” of the board itself by the members of the partnership, but also reduces the size of the membership contributions to the maintenance of the board with a reduced number,
audit commission (auditor), accountable to the general meeting of members of the partnership.

The board of the partnership is accountable to the general meeting of SNT or ONT. The management body will be elected for 5 years, and not for 2 years, as now and until January 1, 2019. Despite the noticeably longer term of its powers, by decision of the general meeting of members of the partnership, the chairman or negligent members of the board can be removed for shoddy work and be re-elected at any time.

A meeting of the board of a partnership is valid if at least half of its members are present. Decisions of the board of the partnership are made by open voting by a simple majority of votes of the present members of the board. In case of equality of votes, the vote of the chairman of the partnership is decisive.

Possibility of changing SNT on HOA

By decision of the general meeting of SNT members, owners of garden plots have the right to change existing look associations of homeowners' associations (HOAs). The organizational and legal form of the partnership of real estate owners in this case does not change, but the main requirement for such a procedure is the compliance of the HOA with the norms of the housing legislation of the Russian Federation, which regulates the creation of an HOA with the simultaneous satisfaction of the following conditions:

the gardening area is located within the boundaries of the settlement,
Residential buildings are located on all garden plots located within the boundaries of the gardening territory.

Changing the type of horticultural non-profit partnership(SNT) to a homeowners' association (HOA) is not considered a reorganization (clause 2 of Article 27 of the new law).

Possibility of changing SNT or ONT to another type of partnership activity

A gardening or vegetable gardening non-profit partnership can change its type of activity, again by decision of the general meeting:

for the production, processing and marketing of crop products,
other activities not related to gardening and vegetable farming and allowing the creation of a consumer cooperative.

The creation of a production cooperative is a reorganization of the previous organizational and legal form of SNT or ONT (clause 1 of Article 27 of the new law), and therefore requires amendments to the Unified State Register of Real Estate.

Is it necessary or not to change documents for legalized buildings during the transition period and after?

For the transition period, which will last 5 years, that is, until January 1, 2024, the new law established the following provisions:

DNP, dacha cooperatives, dacha farms, gardening partnerships and other non-profit organizations of citizens created before January 1, 2019 do not need to be reorganized.
From January 1, 2019, the requirements of the new law will be applied to all previously created horticultural or dacha non-profit partnerships, as well as gardening non-profit partnerships, even before their charters are brought into compliance with the new law:
1. or in accordance with the provisions on horticultural non-profit partnerships,
2. or in accordance with the provisions on gardening non-profit partnerships.
The introduction of the constituent documents of gardening or dacha non-profit partnerships and gardening non-profit partnerships created before the introduction of the new law is carried out after the new law comes into force through the introduction of amendments:
1. in the constituent documents (title, charter and other documents) and registration of these changes in the Unified State Register of Real Estate,
2. changing the names of non-profit associations is not required, but can be carried out at the request of interested parties,
3. changing names does not require changes to title and other documents containing their previous names.
Buildings on garden plots registered in the Unified State Register of Real Estate before January 1, 2019 with the designation “residential” or “residential building” are recognized as residential buildings:
1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019 buildings or changes to the documents on them, changes to the Unified State Register of Real Estate, as well as replacement of the names of real estate objects are not required,
2. Replacement of documents and names of buildings can be carried out at the request of the copyright holders of real estate objects.
Non-residential buildings located on garden plots, buildings for seasonal use, intended for recreation and temporary stay of people and not being outbuildings and garages, registered in the Unified State Register of Real Estate before 1.01. 2019, are recognized as garden houses:
1. replacement of previously issued documents with those registered in the USRN before 01.01. 2019, the specified buildings or changes to the documents on them, changes to the Unified State Register of Real Estate, as well as replacement of the names of objects are not required,
2. Replacement of documents and names of listed buildings can be carried out at the request of their copyright holders.

Register of partnership members

The distribution of plots between members of the partnership is carried out on the basis of a decision of the general meeting of members of the partnership in accordance with the register of members of the partnership.

Garden and vegetable plots of land that are in state or municipal ownership are provided to citizens free of charge in cases established by federal laws and laws of constituent entities of the Russian Federation.

The register of partnership members must be formed within 1 month from the date of state registration of SNT or ONT in the Unified State Register of Real Estate (Article 15 of the new law). The register is created by the chairman of the partnership or an authorized member of the board.

The register of members of the partnership contains the following information:

about the members of the partnership,
cadastral (conditional) number of each land plot, the owner of which is a member of SNT or ONT (after the distribution of land plots between members of the partnership).

Members of the partnership are required to provide reliable information necessary for maintaining the register and promptly inform the chairman of the partnership or an authorized member of the board of changes in information.

Failure to comply with the requirement to provide information, a member of SNT or ONT bears the risk of imposing on him the costs of the partnership associated with the lack of up-to-date information in the register.

The principle of territorial subordination of partnerships

The law introduced the principle of territorial subordination, which prohibits the operation of several partnerships with common infrastructure and one common area on the same territory. In other words, a garden partnership cannot appear within a garden partnership.

The purpose of introducing this principle is quite obvious:

eliminating situations of “pulling” advantages in the use, for example, of a transformer booth owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships ,
establishment of legal relationships between partnerships for the use of engineering infrastructure and public areas,
management of common property within the boundaries of the gardening or vegetable farming territory can be carried out by only one partnership.

Since the entry into force of the new law, owners of garden or vegetable plots of land located within the boundaries of the territory of SNT or ONT have the right to create only one gardening or vegetable gardening non-profit association. Its boundaries must be determined in accordance with the territory planning documentation:

documentation on the planning of the territory, before its approval by the municipal authorities, must be approved by a decision of the general meeting of members of the partnership,
preparation and approval of a territory planning project for a vegetable gardening partnership is not required, and the establishment of the boundaries of garden land plots and the formation of garden land plots and general purpose land plots within the boundaries of the ONT territory are carried out in accordance with the approved land surveying project.

When preparing documentation on territory planning for a partnership, the boundaries of the gardening or market gardening territory include land plots that simultaneously meet the following requirements:

the plots are owned by the founders of the partnership,
the plots constitute a single, inextricable element of the planning structure or a set of elements of the planning structure located on the territory of one municipality.

When forming new gardens and vegetable gardens and preparing documentation for the planning of their territory, the boundaries of their territories also include:

plots that are state or municipally owned and not provided to citizens and legal entities (their total area must be at least 20% and no more than 25% of the total area of garden or vegetable plots of land falling within the boundaries of the horticulture or vegetable gardening territory),
plots and territories for public use, defined in accordance with land legislation and legislation on urban planning activities (the formation of land plots for general use is carried out in accordance with the approved land surveying project).

It is prohibited to establish boundaries of gardening or vegetable gardening territories that limit or terminate free access from other land plots to public areas, or to public land plots located outside the boundaries of the territories of partnerships being formed.

Common property in SNT and ONT

One of the tasks of SNT and ONT is the management of common property located within the boundaries of the gardening or truck farming territory and owned by the members of the partnership.

General use property located within the boundaries of the territories of horticultural or gardening associations includes real estate that simultaneously meets the following 2 conditions:

the property was created or acquired after the entry into force of the new law,
this property belongs to the owners of land plots on the right of common shared ownership in proportion to the areas of their plots.

Such property, represented by capital construction projects and general purpose land plots, is used exclusively for the needs of gardeners and gardeners.

The list of needs includes:

passages and passages to the territory
supply of thermal and electrical energy, water, gas
drainage
security
collection of municipal solid waste and other needs
movable things created (created) or acquired for the activities of a horticultural or vegetable gardening non-profit partnership

General purpose land plots related to public property are formed during the development of documentation for the planning of a gardening or vegetable farming area.

The rights holders of land plots located within the boundaries of the horticulture or market gardening territory use general purpose land plots for access and access to their land plots on the following conditions:

free,
no charge.

No one has the right to restrict the access of plot right holders to their land plots.

The main goals of creating public property by the new law include:

use by all right holders of land plots located within the boundaries of the territory of SNT or ONT for their own needs,
placement of other common property on public areas (for example, sports or children's playgrounds, their equipment, etc.).

The common use property of SNT or ONT may also belong to the partnership on the right of ownership or other right permitted by civil law.

After registering a partnership in the Unified State Register of Real Estate, the right holders of the plots included in it can, at a general meeting with the presence of 100% of the members of SNT or ONT, decide on the desire to acquire shares in common property as a property, free of charge and without allocating a share in kind.

After registration in the Unified State Register of ownership of a share of common property on the territory of the partnership, each of the owners of such a share inevitably increases its tax base.

By decision of the general meeting of members of SNT or ONT, public property can be transferred free of charge to a municipality or into state ownership of the constituent entity of the Russian Federation in whose territories the partnership operates, subject to the following conditions:

the general meeting of members of the partnership made a decision on the transfer of property,
property, by law, may be in state or municipal ownership,
there is the consent of all owners of garden plots, who have also formalized the right of common shared ownership of common property for its transfer to the municipality or into state ownership.

Immovable property of common use owned by the partnership cannot be foreclosed upon. In the event of liquidation of the partnership, such property is transferred free of charge into the common shared ownership of the owners of garden or vegetable plots of land located in SNT or ONT, in proportion to their area. The transfer is made regardless of whether the owners were members of the partnership (clause 2 of Article 28 of the new law).

Transactions with shares in the right of common ownership of common property

In transactions with garden plots, accompanied by a transfer of ownership of these real estate objects, the share in the right of common ownership of common property passes from the previous owner to the new owner.

The owner of a share in the right of common ownership of property of common use does not have the right:

alienate a share separately from the ownership of your garden or vegetable plot,
carry out actions entailing the transfer of a share separately from the ownership of one’s own garden or vegetable plot.

The terms of the agreement under which the subject of the transaction is:

transfer of ownership of a garden or vegetable plot of land without transfer of a share in the right of common ownership of common property,
transfer of ownership of a share in the right of common ownership of common property without transfer of the right to a garden or vegetable plot of land,

are void (if the owner of the garden or vegetable plot owns such a share).

Contributions to SNT and ONT

The new law establishes only 2 types of contributions that must be made by members of SNT or ONT in the bank to the current account of the partnership (Article 14 of the new law):

membership
targeted

You will not have to pay an entry fee.

The lists of tasks on which contributions can be spent are limited. Thus, membership fees can be spent exclusively on the economic needs of the partnership related to the following tasks:

with the maintenance of the partnership’s common property, including the payment of rental payments for this property,
with settlements with supplying organizations - suppliers of heat and electricity, water, gas, wastewater disposal on the basis of agreements concluded with these organizations,
with settlements with the operator for the management of municipal solid waste on the basis of agreements concluded by the partnership with these organizations,
with landscaping for general purposes,
with the protection of the gardening or market gardening territory and ensuring fire safety within the boundaries of such territory,
with conducting audits of the partnership,
with payment wages members of the board with whom the partnership has concluded employment contracts,
with the organization and holding of general meetings of members of the partnership, with the implementation of the decisions of these meetings,
with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.

As for targeted contributions, the possibilities for spending them are more varied. They are associated with the following tasks:

with the preparation of documents necessary for the formation of a land plot located in state or municipal ownership, for the purpose of further provision of such a land plot to the partnership,
with the preparation of documentation for planning the territory of gardening or horticulture,
with carrying out cadastral work to enter into the Unified State Register of Information about garden or vegetable plots of land, general purpose land plots, and other real estate objects related to public property,
with the creation or acquisition of common use property necessary for the activities of the partnership,
with the implementation of activities planned by the decision of the general meeting of members of the partnership.

The total annual fee will be equal to the sum of the annual target and membership fees of a member of the partnership.

The obligation to make contributions applies to all members of the partnership. In case of evasion of payment of contributions, they are collected by the partnership from the SNT or ONT member in court.

Those individual gardeners and gardeners who did not want to become members of SNT or ONT are now required to pay fees on the same basis as members of partnerships (Article 5 of the new law). Failure to pay is fraught with the same consequences as for members of SNT or ONT. This reveals one of the differences between the new law and the previously existing law on summer residents, which allowed individuals to make payments for the use of various resources (electricity, water, gas, if supplied, as well as for garbage removal and security) in an amount less than that of members partnership, and not pay contributions to the salaries of the chairman and members of the board of SNT or ONT. Under the new law, individuals now have other rights - the opportunity to participate in general meetings of members of partnerships, to vote on issues of establishing the frequency and amount of contributions. No, as before, only the right to participate in the elections of the chairman and members of the board.

The charter of SNT or ONT may provide for cases of changing the amount of contributions for individual members of the partnership, taking into account:

different volumes of use of common property depending on the size of the garden or vegetable plot of land,
the total area of real estate objects located on such plot of land,
the size of the share in the right of common shared ownership of a land plot or real estate located on it.

In general, the amount of contributions is determined on the basis of the partnership’s income and expense budget and financial and economic feasibility study approved by the general meeting of the partnership’s members. Also, the charter may establish the procedure for collecting and the amount of penalties in case of late payment of contributions. Failure to pay penalties, as well as failure to pay contributions, entails their collection in court.

What is allowed to build on garden and vegetable plots?

New construction of permanent residential buildings for permanent residence, according to the introduced law, is permitted only on garden plots and only if such land plots are included in the territorial zones provided for by the rules of land use and development (LZZ), for which:

town planning regulations were approved,
In accordance with the city regulations, the maximum parameters for permitted construction have been established.

Although the construction of residential buildings on the garden plots of residential buildings was allowed before the new law came into force, registration in them turned into a “Sisyphean task” with a positive result only by a court decision that recognized the residential building as capital and suitable for permanent residence.

The new law not only completely legalized such construction, but also the registration of its inhabitants in a residential building, even if it was built or will be built in the future on a plot of 6 acres.

In addition, the new law simplified the procedure for converting an existing garden (that is, non-permanently built) house into a permanent residential building and back.

Vegetable garden plots should only be used for growing fruits and vegetables, but, nevertheless, outbuildings can be erected on them.

Those developers of garden plots who managed to build “non-permanent residential buildings” on them, as permitted by Federal Law 66 (Article 33), and even registered ownership of them in the Unified State Register of Real Estate, were simply lucky, since according to the new law they will not be considered self-construction. Such cases affected, in particular, plots and buildings on lands allocated at one time by the Ministry of Defense.

To eliminate ambiguous interpretations about plots and buildings on them, about common property and contributions that will be used from January 1, 2019, the law specifically defines all concepts (Article 3 and Article 23 of the new law):

garden plot- one that is intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place garden houses, residential buildings, outbuildings and garages
garden house- a building for seasonal use, intended to satisfy citizens’ household and other needs related to their temporary stay in such a building (garden houses can be built without any permits or approvals)
residential building (individual housing construction facility) - in the case when land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction (Article 23 of the new law with accompanying explanations), in this case:
1. A residential building is understood as a separate building with a number of above-ground floors of no more than 3, a height of no more than 20 m, which consists of rooms and premises for auxiliary use intended to satisfy citizens’ household and other needs related to their residence in such a building, and not intended for division into independent real estate objects,
2. within no later than 1 month from the date of completion of construction or reconstruction of an individual housing construction project or garden house, the developer must submit a notification to the local government body about the completion of construction or reconstruction (Article 16 of the Federal Law No. 340-FZ, as well as parts 16-21 of Article 55 of the Town Planning Code Code of the Russian Federation),
outbuildings- sheds, bathhouses, greenhouses, sheds, cellars, wells and other structures and buildings (including temporary ones) intended to satisfy citizens’ household and other needs
garden plot- one that is intended for the recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate objects intended for storing equipment and agricultural crops,
common property- located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs:
1. capital construction projects,
2. general purpose land plots,
3. movable things created (created) or acquired for the activities of a horticultural or vegetable gardening non-profit partnership;

public property (passage, travel, supply of heat and electricity, water, gas, drainage, security, collection of solid municipal waste and other needs) is used exclusively to meet the needs of citizens engaged in gardening and vegetable gardening;

general purpose land plots- land plots that are public property:
1. such areas are provided for by the approved territory planning documentation,
2. such areas are intended for general use rights holders of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs,
3. such areas may be intended to accommodate other common property;
contributions- funds contributed by citizens who have the right to participate in the partnership (members of the partnership) to the current account of the partnership for the purposes and in the manner determined by this Federal Law and the charter of the partnership;
territory where citizens conduct gardening or vegetable gardening for their own needs(hereinafter referred to as the territory of gardening or market gardening) is a territory whose boundaries are determined by approved documentation on the planning of the territory.

On the construction of water wells in gardens and vegetable plots

With regard to the construction of water wells in gardens and vegetable plots, in accordance with the new law (Article 31), amendments have been made to the Federal Law “On Subsoil”.

The Law “On Subsoil” was supplemented by Article 19 2, according to which:

horticultural and vegetable gardening non-profit partnerships and rights holders of garden or vegetable plots of land located within the boundaries of their SNT or ONT territories are granted the right to use a subsoil plot of local importance for the extraction of groundwater used by:
1. for the purposes of domestic water supply,
2. for personal, household and other tasks not related to business activities,
Groundwater extraction can be carried out in a simplified manner:
1. without conducting a geological study of the subsoil,
2. without conducting a state examination of mineral reserves,
3. without geological, economic and environmental information about the subsoil plots provided for use,
4. without coordination and approval of technical projects and other project documentation to perform work related to the use of subsoil,
5. without providing evidence that the partnerships have or will have qualified specialists, the necessary financial and technical means for efficient and safe work.

The main requirement for the construction of wells is the need to comply with the rules for the protection of underground water bodies, as well as the basic requirements for the rational use and protection of subsoil.

Thus, non-profit organizations created to conduct gardening, vegetable gardening or summer cottage farming before the entry into force of the new law have the right to extract groundwater for domestic water supply to these non-profit organizations until January 1, 2020 without obtaining a subsoil use license. The requirement for compulsory licensing of wells will come into force on January 1, 2020.

Forms and procedures for state and local government bodies to support gardening and vegetable gardening

The new law (Article 26) introduced the responsibilities of municipalities to develop their municipal and investment programs to support gardening and vegetable farming, providing, in addition to educational work to popularize gardening and vegetable gardening or the introduction of special units involved in the implementation of regional and municipal policies to support gardening and vegetable farming, the decision such very important tasks as:

organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply,
financing of complex cadastral works in relation to cadastral quarters, within the boundaries of which horticultural or vegetable farming areas are located,
gratuitous acquisition into state ownership of a constituent entity of the Russian Federation or into municipal ownership of public property (roads, power grid facilities, water supply, communications and other objects) located within the boundaries of the territory of gardening or truck farming - in accordance with statements of the partnership or participants in common shared ownership of the property common use of property,
provision of priority state and municipal support to citizens entitled to extraordinary, priority or other preferential acquisition of garden plots,

Organs state power subjects of the Russian Federation and local governments have the right to support the development of horticulture and truck farming in other forms established at the local level in accordance with the legislation of the Russian Federation.

The authorities have the right to use federal budget funds for the listed tasks.

Registration in garden houses

Until January 1, 2019, it was possible to register at a dacha only by a court decision, which had to recognize the house as permanent and suitable for permanent residence.

After January 1, 2019, registration of citizens will be possible provided that the building is located on a garden plot and is registered in the Unified State Register of Real Estate as a residential building.

It is not possible to register for permanent residence in a garden house.

Recognition of a garden house as capital and suitable for permanent residence may equate it, by purpose, to an individual residential building, which, in turn, may mean its status as a second residential property.

In connection with this circumstance, in addition to the appearance of a full tax on such a property, those people who built it may be evicted from the apartments where they permanently live under social tenancy agreements and excluded from the housing queue.

But the initial situation seems more “interesting” - the procedure for transferring a garden house into a housing stock is currently not fully defined. It is also not clear when the government will clarify it.

Conflicts between the new law and other laws

First collision

The new law defines two new types of partnerships (SNT and ONT), and in accordance with the Civil Code of the Russian Federation (Article 123.12), the creation of such a partnership as TSN is allowed only to those citizens who own a plot of land, own a share in common property, which includes roads, electrical networks, water supply, etc.

Property in common use, as determined by the new law, can either belong only to the partnership. or, by decision of the general meeting of gardeners or gardeners, it can be transferred free of charge to local municipalities and government bodies. In other words, with such a transfer of common property, its owners deprive themselves of the right to solve problems of property management and development of common areas at their own discretion.

Second collision

In accordance with the Law “On Real Estate Registration” (No. 218 Federal Law), the only confirmation of ownership of a real estate property is an entry in the Unified State Register of Real Estate. Today, at least 50% of gardeners and gardeners in Russia have not yet taken care of this record and have limited themselves to only possessing such documents for us as:

membership cards confirming only participation in the general land allotment for gardening (vegetable gardening) or the purchase of plots made much earlier with such rights,
old certificates, decisions of heads of administrations on the provision of land plots, any government acts on the provision of land plots.

The percentage of such owners in the total number of summer residents and gardeners is very high. For example, in St. Petersburg in 2017, there were 300 gardening and vegetable gardening enterprises, but only about 100 of them registered ownership of their lands. In the Leningrad region, where there are over 3,000 such partnerships, the percentage of non-privatized land is much higher.

Even if the plots were previously registered in the cadastral register and they were assigned cadastral numbers as previously registered in the State Property Committee before 2008, then, without being included in the Unified State Register, as required by Federal Law No. 218 (clause 3 of Article 70), which entered into force on January 1 2017, such plots must be removed from the cadastral register, recognized as ownerless and become the property of municipalities. Users and owners of such plots, therefore, will regularly join the ranks of those poor souls who still admire their gardening membership books.

As a result, it turns out that “extra” summer residents, gardeners and gardeners fall out of sight of the new law and that a very small number of people have the right to create SNT and ONT, and only those who have not only made an entry about the ownership of the plot in the register (USRN ), but also owns, as required by the new law, a share in public lands entered into the Unified State Register of Real Estate. But the new law did not establish the procedure for making entries in the Unified State Register of Real Estate relating to gardening and horticulture. And all this despite the fact that in gardening and vegetable gardening people still have a variety of documents for land. A situation more than reminiscent of a squirrel running around in a wheel. The “squirrels” in the bureaucratic wheel, as is clear, can become gardeners and gardeners who plan to be in SNT or ONT.

Third collision

The third conflict is related to the variety of interpretations of the article on the possibility of gardening and horticulture without forming a legal entity.

Although the new law introduced an article according to which gardening and horticulture without education is allowed legal entity, however, it seems “vague” and susceptible to ambiguous perception:

individuals cannot register a settlement in a settlement, which means they will not have to rely on municipal support measures,
individuals, “honored” of the obligation to pay fees and the right to participate in general meetings of the partnership with their votes, must “interact with municipalities”, which, however, will not create any infrastructure for them (as they say, “the collective farm is, of course, a voluntary, but we will not tolerate individuality”).

Fourth collision

We are talking about the provision on shares in common property. According to the new law, all 100% of owners of plots in SNT or ONT must decide at their general meeting about their desire to acquire shares in common property:

neither the regulations nor the conditions under which such a meeting of land owners in partnerships (not all members of the collective, namely the owners) can be recognized as authorized are specified,
the impossibility in reality of holding a meeting at which 100% of the owners of plots in SNT or ONT must be present.

As a consequence of the indicated disadvantages of the provision on shares in common property, situations with negative consequences cannot be excluded when:

public land may be in the possession of a legal entity (partnership) and its founders, who at such general meetings approve, in particular, estimates, amounts of contributions, etc.,
all owners of plots left “outside the distribution” will be required to maintain this legal entity and common property, pay for the acquisition of this property, but will not become its owners and members of the partnership.

Fifth collision

There is some confusion with the transition period introduced by law. The transition period will last until 2024. At this time, related laws will change. At the same time, from the beginning of 2019, SNT and ONT must use their charters only in that part of them that will not contradict the new norms that change over the course of 5 years. It is somehow difficult to reconcile these two provisions of the new law, which exclude each other, and are written as “execution cannot be pardoned.

The Chairman of the Trade Union of Gardeners of Russia Lyudmila Golosova shares her opinion on the new law:

Results of consideration of the bill by the State Duma in the 3rd final reading - adoption of the law

On July 20, 2017, the State Duma adopted in the third and final reading a law regulating gardening, vegetable gardening and summer cottage farming for citizens for their own needs (Federal Law No. 217-FZ).

The result of consideration of numerous comments and amendments received during the discussion of the bill was significant changes reflected in the law.

Let us note once again the main provisions of the law:

Now there will be only 2 types of country partnerships:
1. horticultural
2. gardening,
All partnerships will have to undergo re-registration and decide what type they belong to:
1. the decision on who to be (gardeners and gardeners) is made by the general meeting of the partnership,
2. based on the results of the general meeting, submit a corresponding application to Rosreestr,

contributions to new SNT and ONT:

contributions can be of only 2 types - membership and targeted,
there will be no entry fees,
contributions must be transferred to the current account of the partnership,
cash contributions are not allowed,
the amount of membership and target fees is determined on the basis of a financial and economic justification approved by the general meeting of members of the partnership,

the minimum number of members of the partnership is 7,
the chairman can now be elected for 5 years, and not 2 as before, and an unlimited number of times, and in order to “overthrow” him, it is necessary to hold an extraordinary general meeting at the request of no less than 1/5 of the total number of members of the partnership,
part audit commission Members of the board of the partnership and their relatives cannot be included,

partnership documents must be kept for 49 years,

members of the partnership have the right to familiarize themselves with the financial statements,

if copies of any documents are needed, then members of the partnership can obtain them for a fee established by the general meeting, but this fee should not exceed the cost of making these copies, and the issuance of copies of documents to authorities is free of charge,
members of the partnership are obliged to comply with decisions not only of the general meeting, but also decisions made by the chairman of the partnership and the board of the partnership;
the concept of “residential house” was introduced, excluding the definitions of “dacha”, “dacha house”, “dacha farm” - this was done in order to prevent legal uncertainties,
a garden house can be transferred to a residential building (for example, to obtain the right to register in it) and, conversely, a residential house can be transferred to a garden house (for example, to reduce property taxes), but in this case it will be necessary to justify one or another degree of capital of the garden or residential building , in accordance with established requirements and rules,
permanent structures cannot be erected on garden plots - only temporary garden houses that are not real estate can be erected on them,
The difference between gardeners and vegetable gardeners, according to the new law:
1. gardeners can build residential buildings on the site and register in them,
2. gardeners can only build garden houses for seasonal living,
if the majority of the members of the partnership want to become gardeners, then demolition of already built full-fledged residential buildings (not seasonal) will not be necessary, but at the time the law comes into force, ownership of the buildings must be registered,
if the ownership of residential buildings is not registered, then such houses will have to be demolished, dismantled or rebuilt into garden houses,
owners of plots with unregistered buildings need to know that in the near future it is planned to legislatively establish a tax on land that is five times higher - in this regard, a corresponding bill is being developed (on amending the Tax Code, according to which the value of identified real estate objects will be determined as the cadastral value of the plot, on where unregistered buildings are located, multiplied by a certain coefficient),
it has been established that the maximum area of public land (including land plots along which roads are laid and power poles are located, necessary for the installation of a transformer, a garbage dump, a board house, a children's playground, the organization of public spaces between fences where members of the partnership can walk and communicate) is up to 1/4, that is, 25% of the area occupied by all personal land plots combined,
common use property belongs to the members of the partnership on the right of shared ownership in proportion to the area of their plots (for owners of large shares, the tax will be higher, which is unlikely to please them, but for other gardeners and gardeners this tax situation will probably please, but the joy will be relative, since their taxes: will still increase, since they will still have to pay for their share of the collective property;
It is allowed to conduct gardening and vegetable farming without forming a legal entity, and if the owners of land plots wish to be members of a partnership, they are offered such an opportunity by law (both for land owners and for citizens who have rights to perpetual use or lease of land plots),
the powers and responsibilities of non-profit organizations created to conduct gardening, truck farming and summer cottage farming are spelled out:
1. for the convenience of voting, in-person and absentee forms of holding general meetings of members of the partnership are being introduced,
2. the opportunity for general meetings of members of the partnership to decide on a voluntary basis on the gratuitous transfer of part of the property of common use (roads, power grid facilities, water supply, communications and other objects) into state or municipal ownership - in other words, collective property, according to the new law, it is possible not to divide into shares, but to give it entirely to some legal entity (for example, to transfer a transformer and networks to an energy company, and roads to municipal authorities), and such a decision can become very expedient, since the members of the partnership are relieved of the burden of maintaining and repairing their collective property,
3. if contributions are not paid for more than 2 months, a member of the partnership may be expelled from the partnership, but he will still use the common property (electricity, road, garbage dump) and pay for it the same as the members, having only lost the right to vote at the general meeting,
the concept of “borders of the territory of the partnership” has been refined: it has been replaced by “the territory of gardening or vegetable gardening by citizens for their own needs”, since the size of the common property, which is in common shared ownership and managed by the partnership, depends on the territory of gardening or vegetable gardening,
the definition of the concept of “common property” has been specified, possible types and purposes of using such property have been established, which will reduce the risk of property not related to its activities appearing in partnerships,
for persons who are legal holders of land plots, but have not entered into a partnership, the following are provided:
1. the obligation to pay for the acquisition, creation, maintenance, current and major repairs of common property, as well as for services and work on managing such property in amounts equal to those established for members of the partnership,
2. the right to use common property located within the boundaries of the territory of gardening or vegetable farming, equally and to the extent established for members of the partnership,
3. the right to take part in voting at the general meeting of members of the partnership on issues related to the disposal of common property;
in relation to associations created before the adoption of the law and which are the owners of property in common use, the transitional provisions provide for the obligation, before January 1, 2024, to submit for consideration to the general meeting of members of the partnership the issue of transferring such property into the common shared ownership of land owners,
The procedure for licensing wells of partnerships has been simplified - the requirement for their compulsory licensing comes into effect on January 1, 2020 (an article is introduced into the Law “On Subsoil” that establishes the norms for the extraction of groundwater by horticultural enterprises and organizations have the right to conduct extraction for the purposes of domestic water supply until January 1, 2020 without obtaining a license to use subsoil).

An important merit of the new law is its desire to respect the rights of both those gardeners who do not want to be members of gardening associations and those who are supporters of this form of farming. The law became a document not about legal entities, but about the relationships between citizens who conduct gardening and vegetable farming. It is planned to come into force on January 1, 2019. Until this moment, gardeners, summer residents and gardeners will be in a transitional period, adapting to the new rules.

The heated discussion of the bill in the final third reading in the State Duma is evidenced by this video material:

Good to know

Why the “forest amnesty” is interesting for land owners - read
Read about the possibility of building a residential building on farm land.
The calculation of taxes on real estate according to the new rules for 2019 can be found.

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, vegetable 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.

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 of local government bodies and the charter of such an 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 of 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;

The purpose of creating such non-profit associations is to satisfy the needs of citizens to exercise their rights to receive, own, use, and dispose of garden, vegetable or dacha plots. Answering the question of what specific needs, it would be appropriate to note that their range is a special sign of the goal of creating horticultural, gardening and dacha non-profit associations. Citizens in this case unite not only to satisfy material needs - the production of agricultural products for personal consumption, but also spiritual ones - leisure and health promotion during the joint development of a land plot.

The law defines the main forms of horticultural, gardening and dacha non-profit associations, distinguishing between a horticultural, gardening or dacha non-profit partnership, a consumer cooperative and a non-profit partnership.

The legislator listed only the general powers of such an association, which are generally vested in any legal entity. However, in our opinion, among these rights there is also an obligation to answer for one’s obligations with one’s property. Thus, a horticultural (gardening, dacha) non-profit association not only has the right, but in some cases is obliged to do this. For example, in the case when an association undertakes to pay for services under a civil contract, it is obliged to pay the person who provided such services to the association, and thus an obligation arises for the association to respond with its property.

General powers: (the ability to acquire and exercise property and non-property rights on one’s own behalf; to attract borrowed funds; to enter into agreements, which is regulated by the general norms of the Civil Code of the Russian Federation), procedural rights of gardening associations: to act as plaintiff and defendant in court; apply to a court or arbitration court with applications to invalidate (in whole or in part) acts of state authorities and local self-government or about violation by officials of the rights and legitimate interests of a horticultural, gardening or dacha non-profit association. These powers are regulated by the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation.

A horticultural, gardening or dacha non-profit association, in accordance with civil legislation, has the right to create associations (unions) of horticultural, gardening or dacha non-profit associations. This power is detailed in Art. 9 of the Law. The specified list of powers is open, and all listed rights can be supplemented or clarified in the association’s charter, if they do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, as well as the goals of the non-profit association.

4.Creation, reorganization and liquidation of a horticultural, gardening or dacha non-profit association

A non-profit organization can carry out entrepreneurial activities only insofar as it serves the achievement of the goals for which it was created. Such activities include the profit-generating production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as an investor. Do not forget that a non-profit organization is an organization that does not have profit as the main goal of its activities and does not distribute the profits received among participants. That is, even if a horticultural, gardening or dacha non-profit association, as a non-profit organization, carries out business activities that correspond to the goals for which it was created, then the profit from this activity is distributed to the needs of the association or to a special fund.

A gardening, vegetable gardening or dacha non-profit association as a legal entity is considered created from the moment of its state registration - making the appropriate entry in the Unified State Register of Legal Entities (clause 2 of Article 51 of the Civil Code of the Russian Federation).

A gardening, vegetable gardening or dacha non-profit association is recognized as a legal entity only when it has separate property rights. It involves independent participation in the economic turnover of a legal entity. A certain degree of property isolation serves as the basis for civil legal capacity and a necessary prerequisite for the organization’s participation in property legal relations as a subject of civil rights and obligations. If organizational unity is necessary to unite many persons into one collective entity, separate property creates the material basis for the activities of such an entity. Segregation of property means the legal assignment of land plots, other movable and immovable property to the relevant non-profit association, allowing them to be distinguished from property owned by third parties - other subjects of law.