Rights of the chairman of the board of directors Chairman of the SNT - duties, rights and powers and their provision. What is DNP

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The leader acts openly, the boss acts behind closed doors.
The leader leads, and the boss controls.

Theodore Roosevelt

The appearance of this section on the site is caused not only by the special importance of the problem under consideration management in horticultural non-profit associations, but also blatant violations in this area by the chairmen of the boards. The latter cause gardeners to have a negative attitude towards the authorities and a lack of faith in justice, both in SNT and in the country as a whole. It seems to people that everything is being done only against them, that those in power have seized everything everywhere and for a long time, and have paid for everything, and therefore there is no point in objecting, but there is a point in dragging out their slave existence, based on the principle “don’t get involved - it will cost you more.” .

Those who do not agree to be a slave to the chairman try to defend their rights by all available means. They contact law enforcement agencies, local government bodies, and the courts. But very often they lose. This happens due to ignorance of the basics of operation gardening association(SNT, DNT, SNP, etc.) in accordance with the basic federal law "On gardening, gardening and dacha non-profit associations of citizens" No. 66-FZ dated April 15, 1998 d. And this leads to a weakly effective evidence base when applying to the authorities. The latter, in turn, simply unsubscribe, leaving the complaints essentially unanswered and without a legal decision being made, and the courts refuse the claims, filing them in cases without satisfaction.

Many gardeners who raised their voices against arbitrariness in the SNT are subjected to persecution, intimidation, and persecution by the chairman and his servants. In this case, the means for pressure are chosen to be the simplest: they turn off the electricity, water, do not allow a car into the SNT territory, render the plantings unusable, etc. All these presidential means of intimidation are illegal from the very beginning. But chairmen adhere to only one principle: “In my gardening, I am the constitution, and I am the authority.” The war is protracted. Others, looking at this development of events in relation to their neighbor, simply sit quietly in their garden plots and do not even try to object in defense of the persecuted. Such, if I may say so, “people in a case” quietly scold governing body in their country kitchens and continue to voluntarily finance local bosses from SNT.

In fact, such wars between defenders of their rights, and in fact defenders of the rights of all gardeners in one particular partnership, should not occur provided that everyone correctly understands the meaning of management in SNT, the correct alignment of the entire chain: from incubating an idea, calculating its cost, discussing, decision making and until final execution.

Of course, we are not now considering and will not consider the machinations of pseudo-truth-seekers, who are more likely to belong to the category of freeloaders than defenders of their rights and the rights of gardeners. These fight to the death for their position in SNT, in which they do not pay for anything, but take advantage of everything. At the same time, quietly, and somewhere insolently, they laugh at the fools-gardeners and the same fools sitting on the board, who paid, maintained and continue to do so now and will in the future, paying for the work of all infrastructure facilities and public property from their own pockets in order to improve and create conditions for conducting gardening freeloaders. There are even sites on the Internet on this topic, the authors of which, supposedly from the point of view of the law, prove the fair position of the freeloader, whom other gardeners from among the SNT members are obliged and must feed. It is very difficult to understand this issue, because... their references to legislation are interspersed with incorrect conclusions, and partial ones, or they distort legal norms taken out of context. As a result, in such SNT freeloaders thrive due to the illiteracy of chairmen and boards who lose in courts, while at the same time realizing that they are right. But, unfortunately, the mere awareness of being right cannot win in court.

Let's define the main questions for this article:

The essence of management in SNT is the interconnection of its component parts?
How should the management process be structured in gardening association?
Why is the concentration of power only in the hands? chairman(government) is illegal, and what follows from this?
What should gardeners do to restore legality in the management of SNT?

Goal: Show the entire management chain of a gardening association as it was intended by the legislator and laid down in the norms of Federal Law-66 of April 15, 1998.

It's time to enter into a dense analysis of the designated topic.

Management in SNT in the relationship of all elements:
general meeting, board, chairman

Components of managing a gardening association

This page contains truisms that are clearly and unambiguously set out in our horticultural law No. 66-FZ dated April 15, 1998 And it would seem that there is something incomprehensible here, take chairman“The law on SNT” read and follow. You'll be all right. But no. Does not work. That’s why dissatisfied people appear, spontaneous bloodless riots arise. The chairmen, in turn, try to suppress dissent, which they sometimes succeed. But in most cases, no. The reason for such negative consequences of management on the part of the chairman is not so much his personality itself, although this cannot be discounted, but a lack of understanding of the essence of management in SNT.

Important: Management in SNT is collegial, starting from general meeting, and ending with the board together with the chairman who heads this body. The chairman of the board has never been and will never be the executive and legislative body of a horticultural non-profit association in one person. A formula for the chairman like: “In my SNT, I am the constitution!” illegal.

Not long ago I had to have a strong argument with a neighbor, who was at that moment the chairman of SNT. He passionately argued that he, as chairman, had the right to make decisions without asking the board for permission for every step he took. In defiance, he had to explain that the position of chairman in SNT is akin to the position of a “wedding general” in the sense that the chairman cannot independently make a single more or less important decision unless there is permission from the board. When our mutual strength in the dispute dried up, he promised to look at the article again. 23 "" FZ-66 dated April 15, 1998. As one would expect, the next day, he admitted that he was wrong and that he was amazed that, having been chairman for more than one year, he did not know that almost everyone Decisions in SNT should be made collegiately at a board meeting.

To once and for all understand the situation with management in SNT, let's turn to Chapter 5 " Control gardening, gardening and dacha non-profit associations of citizens" No. 66-FZ and we will build a chain according to which any decision can and should be made in the association.

Following the logic of the law, after generalization and analysis of the norms of the law, the following sequence is obtained:

GENERAL MEETING - the main collegial body that makes decisions on all issues of the life of SNT →

BOARD - collegial executive management body that organizes and implements decisions of the general meeting →

CHAIRMAN OF THE BOARD- a sole executive body that organizes and implements decisions of the board, general meeting, and at the same time heads the board →

AUDIT COMMITTEE- a controlling body, accountable to the general meeting, exercising control over the financial and economic activities of SNT, incl. work of the board and chairman.

In order to clarify the question of who the chairman of the board actually is, I had to surf the Internet all day and read legislative acts. There is only one conclusion: the chairman was, is and remains the sole executive body in the gardening association with all the consequences arising from his legal status. You can read about this in detail here: “Is the chairman of the SNT a slave or a thief?” Fabrications of smart and not very smart lawyers, related experts and other curious people, on the topic of SNT that the chairman is a person equal to the wedding general: without rights, without a salary, without an employment contract, without responsibilities, etc., do not stand up to any criticism and tests of practice, both in the legal field and in the life of gardening associations.

Let's move on. All duties and rights of the governing bodies of the horticultural association are set out in Articles 20 - 23 of Federal Law-66, all issues related to the general meeting are placed in a separate section. There is no point in repeating them or analyzing the specifics of the activities of the board and chairman. There are separate pages on the website for this purpose.

In the indicated chain “general meeting - board - chairman” there are still several links missing. And without them, management in SNT does not work the way it should work. To make everything work, we will extend the chain a little, thereby emphasizing that, despite the main governing body of SNT, which is the general meeting, it does not govern the association without the painstaking work of the board and chairman. You will get a chain like this:

CHAIRMAN OF THE BOARD- sole executive agency →

GENERAL MEETING - main collegial body →

BOARD - collegial executive management body →

CHAIRMAN OF THE BOARD- sole executive body →

AUDIT COMMITTEE- a supervisory body, accountable to the general meeting, exercising control over the financial and economic activities of SNT, incl. work of the board and chairman.

Adding both executive bodies of management in the presented sequence above the general meeting ultimately gives us the fact that in any normal association the board and chairman play and should play an important role not only in the implementation of decisions of general meetings of the SNT, but also in the preparation and subsequent adoption of any decisions by general meetings. The assembly is not something similar to an existing governing body in itself. One of the proofs of this situation in the general management system in SNT is the norm of our horticultural law:

Article 21. Competence of the general meeting of members (meeting of authorized representatives)

2. The general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized representatives) is convened by the board of such an association as necessary, but at least once a year. An extraordinary general meeting of members of such an association (meeting of authorized representatives) is held by decision of its board, the request of the audit commission (auditor) of such an association, as well as at the proposal of a local government body or at least one fifth of the total number of members of such an association.
An extraordinary general meeting of members of such an association (meeting of authorized representatives) on the issue of early termination of powers of the chairman of the board of the relevant association or early re-election of members of the board of the relevant association may be held in the absence of a decision of the board to hold this meeting, subject to compliance with the procedure established by this article for notifying members of the relevant association about holding this meeting. (as amended by Federal Law dated June 23, 2014 N 171-FZ)

Governing body horticultural, gardening or dacha non-profit association obliged within seven days from the date of receipt of the proposal local government body or at least one fifth of the total number of members of such an association or the request of the audit commission (auditor) of such an association to hold an extraordinary general meeting of members of such an association (meeting of authorized persons) to consider the specified proposal or requirement and make a decision to hold an extraordinary general meeting of members of such an association association (meeting of authorized representatives) or refusal to hold it. (paragraph introduced by Federal Law dated November 22, 2000 No. 137-FZ)

The law clearly and unambiguously gives an answer to all the machinations of any presumptuous oppositionists and others who want to change power in the SNT about who can make a decision, organize and hold a meeting. The board and only the board. No one else and nothing else. If the board makes a negative decision on organizing and holding a meeting, and it does not suit the people, then they have the right to force such a board to fulfill its direct responsibilities through the court.

This management chain creates the following completely democratic system: the chairman of the board and members of the board work directly with gardeners, and gardeners with their problems and suggestions come to the chairman and members of the board. From this mutual work and communication, the board, together with the chairman, develops proposals that are submitted to the general meeting. In turn, the meeting approves these proposals if they meet the needs and requests of gardeners. After the meeting, the board and the chairman organize and implement the decisions of the general meeting, consisting of proposals made by them. This is such a vicious circle. And, mind you, it is fully functional and complies with the law.

Conclusion: The mechanism of the law is structured in such a way that the chairman of the board cannot take a single step without a decision of the board, and the board does not have the right to make decisions that, in turn, do not correspond to the decisions of the general meeting.

In practice, not all the chairman’s moves are controlled by the board, and the conclusion reached should not be taken one way or the other. There are also caveats. The law allows you to vest the chairman with powers beyond those set forth in Article 23 “Powers of the chairman of the board of a horticultural, gardening or dacha non-profit association” FZ-66. Such powers are recorded in the SNT Charter and must be approved by the general meeting. Another option for resolving the issue of granting additional powers to the chairman is an employment contract concluded between the elected chairman and the SNT employer represented by the board (Article 22 “Board of a horticultural, gardening or dacha non-profit association” Federal Law-66). In addition, the chairman, performing his duties in accordance with the norms of the law, is not as limited in his independence as apologists for the lack of rights of the head of the board in SNT are trying to present.

If the described mechanism works completely and entirely as intended by the legislator, i.e. on SNT, and therefore on gardeners, then it corresponds to the goals and objectives of the horticultural association, as such, as stated in Article 1 “Basic Concepts” of Federal Law-66. Decisions that people do not need in such a SNT are never brought to general meetings. Meetings are held, maybe noisy, but productive and beneficial for the business, for the people.

However, it often happens that the board and the chairman break away from the gardeners and begin to live according to their own concepts, forgetting about the people and goals for which the SNT was created and the governing bodies were elected. In such SNTs, the chain of command defined by law breaks down. Why and when does this happen? The answers are below.

The concentration of power in the hands of the chairman of the board of SNT is illegal

Let us repeat: the mechanism of the law is such that the chairman of the board cannot and does not have the right to take a step without a decision of the board. And the board, in turn, cannot take specific steps without a decision recorded in the minutes and adopted by a competent general meeting. In other words, the tasks of developing infrastructure and common property of the horticultural association, worked out in all directions, are submitted by the chairman and the board to the general meeting. The meeting, making a positive decision, gives the go-ahead for the implementation of the goals set by life and the needs of people. In addition, the meeting must determine the limit of expenses for these tasks, which are recorded in the estimate of income and expenses of the SNT.

If this is so, then the majority of gardeners in the association are satisfied with the work of the board and chairman. Elections of new management bodies occur regularly with the replacement of some managers and the retention of another part from the old composition of the board. This makes it possible to obtain not only continuity in work, but also eliminates the initial confusion of board members, as happens in the case of the election of a completely new board composition and a new chairman. In such a partnership, any gardener understands the problems, knows exactly how much money is given and for what purposes, and sees the results of the work of the governing bodies. And most importantly: an ordinary member of the SNT sleeps peacefully.

How does the gap between the chairman and the gardeners occur? Why are people in some SNTs satisfied with the state of affairs in their association, while in others there are incessant squabbles and litigation? Who is to blame in these cases? If you, dear gardener, decided that the chairman would now be branded with disgrace and “hanged” as an enemy of the people, then you are deeply mistaken. The board of the gardening association is to blame. Let's try to prove this thesis.

It should be noted that the further circumstances under consideration are typical for many SNT. Some associations have long been managed only by the chairman, some are slowly sliding into the swamp of lawlessness, and others are also slowly getting out of the dead end, restoring law and order for the people.

In the first part of the article, we dealt with the chain of command of a gardening association established by the legislator. So, in all SNTs, where there is no order and legality, this interconnected and interdependent chain does not work. It breaks on the element governing body. “How can this be,” you ask, “after all, the meeting elects the most authoritative and worthy people to the board.” Everything is right and true. However, authoritative and worthy gardeners are not always ready to work in the collegial governing body of the association. Being just a good and respected person is great, but these qualities are not enough to fulfill the responsibilities in the process of managing SNT. What previously slipped through the cracks in the USSR today does not pass the test of strength tests. It's torn. And therefore, gardeners should think 10 times before choosing a board consisting exclusively of respected people, but without the necessary professional skills and the desire to work, and not sit on their pants.

Reasons why the board does not work as an executive collegial governing body:
1. Members of the board do not have enough time to fulfill their duties due to their workload, the distance of SNT from their place of permanent residence, as well as their rare visits to the association and their individual land plots.
2. Some board members are unwilling to fulfill their duties other than those related to voting on a particular decision.
3. Members of the board do not want to learn and master new functions related to the performance of the responsibilities of the board.
4. Members of the board delegate the performance of their direct duties to the chairman of the board.

All of the above reasons, especially the last two, in combination give the result in the form of concentration of all levers of power in the hands of one person, namely, the chairman of the board. At the same time, it very often turns out that the chairman finds himself in a situation where he himself is far from realizing that he is fulfilling his functional responsibilities and the responsibilities of the board in one person.

It must be emphasized that not all board members meet these shortcomings to the same extent. One member of the board rarely attends meetings, another refuses assignments due to being busy, a third knows neither personnel work, nor economic policy, nor accounting, the fourth believes that he already knows everything, etc.

However, if in a partnership things move towards the emergence of a sole executive, and later a legislative body, then a rule arises that forms the basis of all lawlessness in the SNT:

Rule of the chairman as the sole management body:
1. The leadership of SNT is based on separate knowledge from the previous profession, fragmentary information from other areas of knowledge, law, professions, a non-systematic approach to solving SNT problems according to the principle: “as I understand and know, so I do and act.”
2. The chairman has some knowledge of legislation, responsibilities and knows how to use them in his work.
3. The leadership of SNT comes down to fulfilling a two-pronged task: solving urgent issues for SNT and relatively honest taking money from gardeners for their own pockets under the guise of the first part of the task.

Naturally, in all cases, gardeners will suffer. And it is not a fact that in the first case, the chairman will be able to work better than in the second. SNT has been or is being driven into such an unacceptable position by its board. Gradually transferring its powers to the chairman, the board simply turns into a body unnecessary to anyone, consisting of wedding generals who, at best, vote by phone for the chairman’s initiatives, including illegal ones, and at worst, do not participate in any more or less management at all. And here, only on his own initiative, the chairman, sometimes wanting to play it safe, informs the board members about the decisions he has made. This is especially true for collecting additional money from gardeners.

Gradually, imperceptibly, the board, as a collegial body, falls out of the scope of general management in SNT. At first, the chairman sometimes still holds council with the gardeners at the general meeting, there is no longer any talk of a board. No one remembers it as an organ. And later there is no need to organize and hold general meetings.

The end of collegiality in management ends when the process of transfer of powers from the board to the chairman of the SNT is completed. And immediately a new era of the reign of the next “monarch” begins in the association, with the occupation “sovereign of the land of SNT...” At this stage, the chairman also does not need a general meeting. The operating principle is based on patching up holes that cannot be overlooked, and at the expense of additional fees from gardeners and payments for infrastructure facilities and other common property, without which the existence of SNT is impossible in principle in this particular association.

All! With this SNT the law came to an end. Annual contributions are planned in the head of the chairman, approximately. The calculation includes current needs, the rest is planned out of your own pocket. In any case, the chairman is outside the legal activities of the legal entity. One person is simply not able to cover the entire range of problems solved by a legal entity, even if they work hard around the clock without sleep or rest. Of course, in such conditions, a conscientious person misses something important, simplifies it, does not have time, etc. At the same time, the question quite legitimately arises in his head: “How adequate is my salary to the work?” The answer will be disappointing for gardeners. Of course, in medium and large SNT, the chairman simply cannot do without an accountant who, while performing his duties to a minimum, at least collects money from the people. What follows is a normal distribution of income from the point of view of the chairman sitting too long in the chair. At first, this amount does not exceed 20 - 30% of all money collected in SNT, and then this amount increases to 50% or more.

Ultimately, the chairman becomes the person who not only determines all administrative and economic activities in the SNT, but also decides all issues in the partnership for all management bodies. In such a SNT, the chairman often declares: “In my SNT, I am the constitution.” Management is carried out rudely, brazenly, with violation of all conceivable rights of gardeners, according to the principle: “If they don’t take it, we’ll turn off the gas.” And he turns off everyone who is dissatisfied: gas, electricity, water, and does not allow access to their garden plot, even to the point of organizing direct harm by outsiders to dissenting plot owners and setting their houses on fire.

A situation like usurping all governing bodies by one person is illegal. The norms of Federal Law-66 of April 15, 1998 clearly define the powers of all management bodies in SNT. And these powers do not overlap anywhere. For example, the general meeting does not have the right to hire an electrician, because this is a function of the board, but the meeting approves the staffing table of SNT, according to which the board searches for, selects and then hires an electrician under an employment contract. However, the board, due to the fact that it is a collegial executive body, cannot issue an order to hire an electrician and sign the employment contract on the part of SNT. These functions are performed by the chairman as the sole executive body. The basis for such actions will be the decision of the board, recorded in the minutes. Let's look at the exact wording of the law:

Article 20 “Governing bodies of a horticultural, gardening or dacha non-profit association”, clause 1:

1. The governing bodies of a horticultural, gardening or dacha non-profit association are the general meeting of its members, the board of such an association, and the chairman of its board.

The General Meeting, being the supreme governing body, “has the right to consider any issues of the activities of such an association and make decisions on them.” In order to regulate and distribute management functions between the meeting, the board and the chairman, it determines the exclusive competence of the general meeting, consisting of 16 points. And Article 16 "" in paragraphs 5 and 6 limits the general meeting in making decisions:
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.

Here is how the law limits the functions of the board and chairman:

Article 22 “Board of a horticultural, gardening or dacha non-profit association” (last paragraph):

Governing body horticultural, gardening or dacha non-profit association in accordance with the legislation of the Russian Federation and the charter of such an association has the right to make decisions necessary to achieve the goals of the activity of such an association and ensure its normal operation, with the exception of decisions that relate to issues referred to by this Federal Law and the charter of such an association within the competence of the general meeting its members (meeting of authorized persons) as a legal entity.

Article 23 “Powers of the chairman of the board of a horticultural, gardening or dacha non-profit association” (last paragraph):

Chairman of the Board horticultural, gardening or dacha non-profit association in accordance with the charter such an association performs other necessary to ensure the normal functioning of such an association duties, with the exception of the duties assigned by this Federal Law and the charter of such an association to other management bodies of such an association.

In other words, Federal Law-66 clearly and unambiguously distributed all functional responsibilities between management bodies. At the same time, the management logic in SNT is structured in such a way that the transfer and redistribution of management responsibilities between units leads to a violation of the law and, accordingly, to the illegality of all decisions made.

Important: All voluntary and involuntary attempts to transfer management functions that fall within the competence of the general meeting and the board to the chairman of the board, by stating them in the charter of the association or by making a decision by the general meeting, are illegal and can be canceled through the court.

It should be remembered that the tax authority that registers the charter of a gardening association, as well as all changes in it, never checks the document’s compliance with the legislation of the Russian Federation, excluding points that relate to the organizational and legal form, name and location, subject and goals of the activity.

The question can be drilled into everyone’s mind: “If the usurpation of power by the chairman is illegal, then why doesn’t the SNT rebel, no one runs to court, no one demands any urgent action to restore law and order?” The answer is very simple and lies in the fact that gardeners, out of habit, continue to finance the association, because... know the rules of the game for the intended use of their money. Let’s define this intended purpose of SNT money a little differently than the law does in Article 1 “General Concepts”.

The horticultural non-profit association was created with three goals, the achievement of which requires funding:
1. Using your individual garden plot according to permitted use to meet personal needs.
2. Development of infrastructure facilities and public property designed to ensure the fulfillment of the first goal.
3. Maintenance of the entire infrastructure of the association, both newly created and inherited along with individual garden plots during the creation of SNT to achieve the same first goal.

Once again, the honesty and decency of our gardeners brings them down to the monastery. As long as funding continues, SNT will never collapse. People meekly bring money to the board, where no one has been there for a long time except for the chairman and accountant. In response to all questions, the chairman always has explanations about the need to urgently contribute the next amount of money, about his exceptional competence and efficiency for the benefit of people. He will always explain the lack of reporting documentation by saying that he is alone and no one else is working.

In such a SNT, money is collected from scratch; the amount of fees, or rather extortions, is determined by the chairman and his associate, an accountant. Money collected illegally is redistributed into the pocket and for urgent needs. Such needs include all payments for consumed utility resources. What goes into pockets is explained by the growing theft and unimaginable losses of electricity, water supply leaks, burnt-out pumps, funding for security guards who, as it turns out, are not responsible for anything, etc. and so on. With all this, the chairman does not have any supporting documents and, by definition, cannot have them. Otherwise, you simply won’t be able to put money in your pocket.

SNT, where there is electricity, running water, gas supply and other benefits of civilization, are more susceptible to the presence of these and many other outrages. It is easier to hide the chairman’s pocket money in them, because part of all payments is regularly paid by SNT as utility payments for the resources consumed by gardeners to the accounts of resource supply companies. The signs of how your hard-earned money, donated for the benefit of the development of SNT and maintaining infrastructure, go to the left are described in detail on the page: "", so we will not repeat ourselves.

Ways to restore collegial management in SNT

The question arises: “What to do?” Let's skip the dead-end path that most gardeners take. It doesn’t lead anywhere and doesn’t change anything in SNT, because is associated with the principles: “don’t get involved, otherwise it will cost you more”, “my house is on the edge, I don’t know anything”, etc. If you do not want to fight for your rights, sue, you obediently hand over the money, having long ago given up on the legality of this action , then continue to do this further. And let the chairman and his associates fatten at your expense, and excuse the harsh words, at the expense of the same fools, of whom there are still a lot in Russia.

There are completely legal ways to force the chairman to leave his home in disgrace or to restore legality in the association.

Method 1: stop illegal financing of the revenue part of the SNT estimate. You need to start with yourself personally, and then gradually bring all gardeners to this step. Not a single payment will be considered legally made unless it is comprehensively worked out by the board and approved by the legitimate general meeting of SNT members. In other words, if the meeting has not approved the income and expenditure estimate and the amount of membership and other contributions for the next financial year, if it is not clear from the estimate how and how membership fees are formed, and, if necessary, target fees for each specific gardener, where and how tariffs for utility resources, how losses in the internal utility networks of SNT are calculated, then any cash payment to the partnership’s cash desk is illegal, both on the part of the lender and on the part of the receiver.

The way to stop illegal financing of the SNT cash desk is the shortest and most effective. The chairman, in unfavorable circumstances for him, will be forced to try to make the defaulter an outcast, cutting off his access to all the benefits of civilization, or to restore legality in the management of the gardening association. The third way, when the chairman leaves, slamming the door, voluntarily, abandoning the feeding trough, is unlikely.

You should remember and be aware that all attempts to disable, not let in, or harm the defaulter are illegal. The chairman of the board, in full accordance with the law, has only one way of influencing the defaulter of contributions and payments. This method is to go to court. And it is fixed in Article 8, paragraph 2 "" (in relation to individuals) and Art. 7 “The powers of a horticultural, gardening or dacha non-profit association”, Art. 46 "" Federal Law-66 dated April 15, 1998 for members of SNT. In addition, the rules providing for the liability of SNT members for non-payment of membership dues and other payments must be prescribed in the charter of the association in accordance with the requirements of Art. 16 "Creation of a horticultural, vegetable gardening or dacha non-profit association" of this law.

Let's consider three possible scenarios of attempts to illegally influence a gardener who refuses to pay fees and payments not approved by the legitimate general meeting of SNT members:

Example 1: The chairman, for non-payment of membership dues and payments, excludes the gardener from the members of the SNT by personal decision, decision of the board or general meeting. The first two methods are illegal, because... the right to exclude is within the exclusive competence of the general meeting (Article 21, paragraph 1, paragraph 2 “Competence of the general meeting of members of a horticultural, gardening or dacha non-profit association (meeting of authorized persons)". Moreover, the general meeting has such powers provided that there is a clause in the SNT charter on exclusion for non-payment of fees and charges within a certain period (Article 16, paragraph 4 “Creation of a horticultural, gardening or dacha non-profit association”).

Actions of the excluded: Provided that all legal grounds for exclusion on the part of the board are met, the gardener files a claim in court on two grounds:
1. Declare illegal the fees and payments established by the board (chairman) (there was no general meeting, the meeting was illegitimate, there were no notices of the meeting, etc. violations, there is no income and expense estimate, the estimate is not economically justified).
2. Based on the recognition of membership fees and payments as illegal, and therefore the impossibility of a SNT member fulfilling his duties in accordance with the provisions of Art. 19 p. 2 p. 6 “Rights and obligations of a member of a horticultural, gardening or dacha non-profit association” regarding the payment of membership fees and payments until the violations of the law and the Charter are eliminated, ask the court to reinstate you in membership in the SNT.

In the event of a different development of events, the excluded person acts as a gardener conducting individual gardening activities. The grounds for non-payment of fees and charges for the use of infrastructure facilities and other public property of SNT are the same, plus the mandatory presence of an Agreement signed by the parties on the use of infrastructure facilities and other public property of SNT... Without an agreement in which SNT itself is primarily interested payments are also illegal.

Example 2: The chairman, for non-payment of membership fees, disconnects the gardener’s plot from the power supply, while payments for consumed electricity are made by the gardener on time and in full. This decision can be made by the board or general meeting. All 3 options for revenge against SNT for failure to make illegal payments, as you already guessed, are illegal. There is not a single legislative or by-law in the Russian Federation that would establish a procedure when an individual’s property could be disconnected from the power supply for debts not related to power supply. The presence of such a situation in SNT charter illegal, even if it is there, because... contradicts the current legislation of the Russian Federation. In addition, disconnecting the gardener from the power supply can only be carried out by the power supply organization at the request of SNT, and the connection is carried out in the same way. At the very least, coordination of such actions with the ESO is required.

If anyone believes that disconnecting and connecting gardeners to the power supply is solely within the competence of SNT, as a management company, then they are deeply mistaken. There is no need to listen to illiterate officials in the ESO or the same gardeners from among the board members. The proof is that SNT, with uncoordinated connection of new gardeners, sooner or later faces the need to increase the electrical capacity of the transformer substation (its own or that of the power supply organization). In full compliance with the norms of Government Resolution No. 861 of December 27, 2004 “On approval of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, the Rules for non-discriminatory access to services for operational dispatch control in the electric power industry and the provision of these services, the Rules for non-discriminatory access to the services of the administrator of the trading system of the wholesale market and the provision of these services and the Rules for the technological connection of power receiving devices of electrical energy consumers, electrical energy production facilities, as well as electrical grid facilities belonging to network organizations and other persons to electrical networks." According to the requirements of this document, the electrical power requested by SNT, among other documents, must be justified by providing certificates of ownership of each connected gardener to the land plot and to the residential building (if there is one). Thus, the electricity supply organization actually legitimizes the technological connection of each gardener (individual) indirectly, through the SNT network, to its networks. And if so, then only the actions of the ESO in relation to disconnecting or connecting an individual (gardener) to the power supply will be legal. The provision of the contract concluded between SNT and the gardener for electricity supply, regarding the right of SNT to disconnect the gardener from the electricity supply for non-payment (even for consumed electricity) is illegal.

Actions taken when disconnected from power supply:
1. Record the fact of disconnection from the power supply.
2. Draw up a written statement to the police or prosecutor’s office about the arbitrary actions of the chairman. When analyzing your appeal, the chairman’s references to the decision of the board or general meeting will not have a convincing impact on law enforcement agencies. It must be fully heated. If the local patrons of the chairman have the guts to force him to comply with the law, then they can appeal higher. He still won't be able to buy them all.
3. You go to court with a claim against SNT for illegal disconnection from the power supply, attaching as many documents as possible: losses caused by illegal actions, moral and material damages, time and money spent on restoring your violated rights, receipts for visiting a doctor, written prescriptions etc. After the court makes a decision in your favor, it is imperative to tell about the illegal actions of the chairman, your appeal to the court and the losses that the chairman caused to the company through his illegal actions, paying you, as the injured party, all legal and other expenses. The process will not be quick, but it will result in the return of losses and a moral victory over lawlessness and the chairman. In my opinion they are worth it.
4. In order to self-defense their rights (Article 46, paragraph 2, paragraph 5 of Federal Law-66 “Protection of the rights of horticultural, vegetable gardening, dacha non-profit associations and their members”) and Art. 12, part 1 of the Civil Code of the Russian Federation, you restore the power supply to your garden plot by contacting a specialized organization or yourself, if you have the appropriate education and permission to do such work. Record your actions, save receipts for payment for electrician services, etc. At the same time, you do not have to wait for a reaction to your appeals or a court decision in accordance with actions under paragraphs 2 or 3. But! You must keep in mind that your going out with a pitchfork or a gun against the chairman, members of the board and the electrician will not qualify as self-defense of your rights. At best, it will be hooliganism, at worst, a criminal offense with consequences not in your favor.

Self-defense of law is an initiative, independent action of a person to prevent a violation of civil law and to reduce the consequences of this violation. Protection of the rights of the person himself, without contacting the competent authorities.
This method of protecting rights as self-defense of rights is provided for in Article 12 of the Civil Code of the Russian Federation. In accordance with Article 14 of the Civil Code of the Russian Federation, methods of self-defense of rights must be proportionate to the violation and must not go beyond the actions necessary to suppress it.

Example 3: The chairman gave instructions not to allow the gardener’s car into the SNT territory. As a rule, such a decision is made by the chairman himself, or in some cases by the board. The general meeting may support this decision, with shouts of approval from the king's servants, but the general meeting is unlikely to vote for it. Nevertheless, in the current conditions in such SNT, the voice-over at the meeting, the subsequent falsification of the minutes by such leaders are sufficient to issue a stern order: “Don’t let such and such into the SNT. Let him walk.” Cases of complete excommunication of a defaulting gardener from his own land plot have not yet been encountered in practice.
The decision will be illegal in all cases, even if it is made for an individual gardener on the basis of the provisions of Art. 8 clause 2 “Carrying out gardening, vegetable gardening or dacha farming on an individual basis” Federal Law-66, as a decision to deprive the right to use infrastructure facilities and other public property for non-payment of fees and charges. But! It should be taken into account that such a decision will be legal provided that the SNT registers ownership of public land. But even here you need to carefully look at the document of ownership. If public land belongs to gardeners on the right of common ownership with the definition of the share of each owner or common property without determining the share, this means that no one can be prohibited from passing through the PDO. This is explained by the fact that in this case some shares in the property belong to each owner of an individual garden plot. In this case, it does not matter whether the owner is a member or not a member of SNT. After all, the loss of membership in SNT, as a public association, does not entail the loss of a share in property. The consequence of non-membership is only the loss of the right to manage this property by voting at general meetings, but not the right to participate in the work of such meetings and the development of decisions. And therefore, the gardener can use his piece of property in accordance with the provisions of Art. 209 “The content of property rights” The SNT Civil Code cannot prohibit.
However, the general meeting may assign all public land plots to a legal entity. And in this case, the decision to restrict the passage of a defaulter will be legal, subject to the legality of the estimates and amounts of contributions and payments approved by the general meeting, as well as the inclusion of such a prohibitive norm in the charter of SNT for non-payment of contributions and payments..

Actions of a gardener whose car is not allowed access to an individual garden plot:
1. Record the actions of security guards or other persons prohibiting entry into the SNT.
2. Actions are similar to point 2 in the second example. The basis of the application will be data on the absence of a registered ownership right of SNT to the PDO or, if such a right is the common or shared property of gardeners.
3. Actions are similar to point 3 in the second example. The claim is drawn up on the basis of the existence of a right of common ownership or shared ownership, or the absence of such a right in SNT, as well as the absence of estimates and amounts of contributions and payments adopted by the legitimate meeting.

2. Restore collegial management in SNT, corresponding to the norms of Chapter 5 of Federal Law-66 of April 15, 1998 and the Charter of the association. It is necessary to start with the creation of an initiative group, which, based on the requirements of Article 21 " ", will actually oblige, incl. and through the court, organize and hold an extraordinary general meeting of SNT members to elect new management bodies: the board, chairman and audit commission. All the features of this process, and it is not quick, and if it also involves the court, then it is long, are described in the section of the website of SNT "Pishchevik" "GENERAL MEETING". The initiative group must act in strict accordance with the law, and not at its own peril and risk according to the principle of our man: “I know the laws, you don’t need to teach me.” “Where,” let me ask, “does this knowledge come from, if people haven’t even seen our FZ-66?”

Important: All efforts of the initiative group to organize and hold a general meeting with the adoption of any decisions, bypassing the decision of the SNT board, are invalid based on the provisions of Art. 21 FZ-66. The law clearly states that the decision to organize and hold a general meeting of SNT is made by the board at its meeting. There are no other options.

In the course of restoring collegial management in SNT, the main result of all the work of the initiative group at the meeting should be the election of the most important working body of SNT - the board. There should not be people on the board whose duty is only to participate in voting when making a particular decision. This will inevitably lead to what SNT has just gotten rid of, namely, the concentration of power in the hands of one chairman. Each board member must be responsible for a certain area of ​​work. In such conditions, the chairman will act as the organizer of the work of the collegial body and the executor of decisions worked out in the areas of activity. At the same time, the person responsible for the direction of activity must participate in the implementation of such decisions together with the chairman. Only in this case can we ensure 100% functioning of the board of SNT without fraud and “black” money.

We can finally sum it up. Having dealt with the questions posed by the topic at the beginning of the page, we must not forget that the management bodies themselves require detailed study on the problems of functional activity. The general meeting is already sufficiently covered on the website and is highlighted in a separate section. On the next page we’ll try to find out everything about the most controversial figure in SNT, about the chairman, who is hated in some SNTs and carried in others’ arms. Follow the link to the page: “Is the SNT chairman a thief or a slave?” (at the moment the page exists, but in the old format. It is interesting, but does not fully correspond to the content of the new site page you read. The same applies to the page about the SNT board, elections. Be patient. New editions of the pages are being prepared. The content will be changed by about 80%).

a) Does the chairman of the SNT have the right to spend money from a gardening partnership on the purchase of LED lamps for street lamps and on repairing the stove, if these expenses were not included in the estimate approved at the meeting of the members of the partnership?
b) The accountant of SNT, of which I am a member, referring to the decision of the board, does not accept payments for electricity from gardeners who are in arrears in paying contributions. Does the board have the right to make such a decision?
V. Fedkova, St. Petersburg

a) Based on clause 12 of Art. 21 of Federal Law No. 66 of April 15, 1998 “On gardening, vegetable gardening and dacha non-profit associations of citizens”, the exclusive competence of the general meeting of members of a horticultural, gardening and dacha non-profit association (meeting of authorized representatives) includes approving the income and expenditure estimates of such an association and making decisions about its execution. The chairman of the board of a horticultural, gardening or dacha non-profit association and members of its board are liable to such an association for losses caused to such an association by their actions (inaction). In this case, members of the board who voted against the decision that resulted in causing losses to such association or who did not take part in the voting are not liable. The chairman of the board and his members, if financial abuses or violations are identified, or damage is caused to such an association, may be subject to disciplinary, material, administrative or criminal liability in accordance with the law.
Control over the financial and economic activities of a horticultural, gardening or dacha non-profit association, including the activities of its chairman and members of the board, is carried out by an audit commission (auditor), elected from among the members of such an association by a general meeting of its members consisting of one or at least three people per term two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).
The work procedure of the audit commission (auditor) and its powers are regulated by the regulations on the audit commission (auditor), approved by the general meeting of members of such an association (meeting of authorized representatives).
The audit commission (auditor) is accountable to the general meeting of members of such an association. Re-elections of the audit commission (auditor) may be held early at the request of at least one quarter of the total number of members of such an association.
Members of the audit commission (auditor) of a horticultural, gardening or dacha non-profit association are responsible for improper fulfillment of the duties provided for by Federal Law No. 66 of April 15, 1998 “On horticultural, gardening and dacha non-profit associations of citizens” and the charter of such an association.
The audit commission (auditor) of a horticultural, gardening or dacha non-profit association is obliged to:
1) check the implementation by the board of such an association and the chairman of the board of decisions of general meetings of members of such an association (meetings of authorized persons), the legality of civil transactions made by the management bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;
2) carry out audits of the financial and economic activities of such an association at least once a year, as well as on the initiative of members of the audit commission (auditor), by decision of the general meeting of members of such an association (meeting of authorized persons) or at the request of one fifth of the total number of members of such an association or one third the total number of members of its board;
3) report on the results of the audit to the general meeting of members of such an association (meeting of authorized representatives) with the presentation of recommendations for eliminating the identified violations;
4) report to the general meeting of members of such an association (meeting of authorized representatives) about all identified violations in the activities of the management bodies of such an association;
5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications of members of such an association.
Based on the results of an audit, if a threat is created to the interests of a horticultural, gardening or dacha non-profit association and its members, or if abuses by members of the board of such an association and the chairman of the board are identified, the audit commission (auditor), within the limits of its powers, has the right to convene an extraordinary general meeting of the members of such an association.
You shouldn't hand over money if you don't know what it's going to. Target and membership fees are approved only at the general meeting of SNT members (meeting of authorized representatives). You need to contact the board and have them provide you with the estimate approved at the general meeting.
Based on Art. 19 of Federal Law No. 66 of April 15, 1998 “On horticultural, gardening and dacha non-profit associations of citizens,” a member of a horticultural, gardening or dacha non-profit association has the right to apply to the court to invalidate decisions of the general meeting of members of the horticultural association that violate his rights and legitimate interests, a gardening or dacha non-profit association or a meeting of authorized representatives, as well as decisions of the board and other bodies of such an association.
b) The Chairman does not have the right to refuse to accept membership, targeted contributions and electricity payments.
The chairman of the board of a horticultural, gardening or dacha non-profit association and members of its board, when exercising their rights and performing established duties, must act in the interests of such an association, exercise their rights and fulfill established duties in good faith and reasonably.
In the presence of witnesses, draw up an appropriate report on the accountant’s refusal to accept payment for electricity. Make payments for consumed electricity to the current account of SNT, and if there is no current account - to the current account of the energy supplying organization, they, as a rule, do not care who the payment comes from, the main thing is to correctly indicate the purpose of the payment and after payment send a copy of the receipt by registered mail for payment of electricity to the board of SNT. If the board does not receive this letter, it will be returned to you after the expiration of the storage period at the post office. Do not print the letter and keep it in an envelope with a note that it was returned beyond the expiration date. Try to hand over a copy of the receipt in person. SNT will be forced to independently explain itself to the energy supply organization.
In accordance with Art. 19 p. 2 p.p. 6 of Federal Law No. 66 “On gardening, vegetable gardening and dacha non-profit associations of citizens”, a member of a horticultural, gardening or dacha non-profit association is obliged to promptly pay membership and other fees provided for by the Federal Law and the charter of such an association, taxes and payments.
N. Uvarov, legal consultant
Union of Gardeners
Newspaper "GARDENER" No. 22, 2010.

Nowadays you can find many incomprehensible abbreviations on the Internet and on physical maps of the area. One of them is SNT. Not everyone can explain what it is, but everyone understands what gardening is. These two terms mean approximately the same thing, only the first is official, it is used when preparing documentation, in jurisprudence, in master plans for land development. The second term also used to be official, but has now become colloquial. However, signs with the names “Gardening such and such” can still be found in many suburbs. In our article we will answer the question in an accessible language, SNT - what does it mean from the perspective of modern legal laws. Understanding this is important when making transactions for the purchase and sale of land, as well as for conflict-free membership in a horticultural society. Let's say more, even those who are not its members, but whose plots are located on its territory, need to know the provisions of the SNT.

Abbreviation definition

What is SNT? The abbreviation is deciphered as follows: “horticultural non-profit partnership.” In simpler terms, SNTs are voluntary associations of gardeners, created so that people can jointly resolve all issues relating to their land plots, and thereby make their gardening activities easier and simpler. In other words, these partnerships are needed to manage the land legally. Members of gardening partnerships can plant trees on their plots, plant vegetable gardens, and engage in any economic activity, if it does not violate the charter adopted by the partnership. In addition, it is allowed to build a house in SNT and all kinds of outbuildings. There are many people who live temporarily (for example, in the summer) or permanently in their garden plots, and the houses they build look good and are quite livable. You can even register in them, but for this, both the house and the plot must be registered as private property, and the house must be recognized as suitable for habitation.

What is DNP

There are several public organizations that are essentially similar in their activities to SNT. The decoding of such an abbreviation as “DNP” means “dacha non-profit partnership”. Previously, they were called dacha cooperatives. Members of these non-profit partnerships can also engage in gardening and gardening on their plots, and erect residential and outbuildings. But if the DNP is located within the city, its land plots are legally equivalent to plots of individual housing construction (individual housing construction), which means that the houses built on them can be officially registered without any problems and receive a cadastral number, postal address, and registration. It is clear that in the DNP, a plot of land of the same size as in the SNT will cost much more.

Land for gardening partnerships

The first prototypes of SNT appeared almost a hundred years ago in the young Soviet state. They were called gardening partnerships. Even then, the activities of these organizations were based on certain rules. Thus, their members had to pay dues, the size of the plots was strictly regulated (this is the familiar 6 acres), and the area of ​​buildings erected on them was also regulated. Now a voluntary non-profit gardening partnership can be organized by a group of people from 3 people. It is important to know that SNT lands should only be from the “for public use” category. These are mainly plots of agricultural land located outside the city limits. The Land Code of 1991 contains a clause prohibiting the organization of horticultural non-profit partnerships on lands of any other category. The same Code states that in the future, lands owned by SNT may become the property of members of the partnership. According to Article 12 of Federal Law - 66, adopted in 1998 and amended in 2011, zoning of territories must be carried out in Russia. The authorities can allocate land for SNT only after this process, and only in certain zones where the construction of roads, power lines and other similar objects is not planned.

Registration

The process of forming horticultural non-profit partnerships is as follows:

1. People who decide to create their own non-profit gardening partnership submit applications to the governing bodies.

2. According to zoning, the authorities allocate land for a new gardening partnership.

3. SNT registration is carried out.

Until the third point is fulfilled, there is no garden partnership, which means there are no members, and accordingly, there are no rights to the land.

This process may not be very fast, because during registration it is necessary to comply with a number of formalities, such as approval of a development project, organization project, transfer of land into the ownership of SNT, approval of the list of founders, and so on. If any item is not fulfilled, registration will not be carried out.

Charter

People who want to create their own gardening partnership must understand that this organization is legally responsible, which means it has not only rights, but also a number of responsibilities, one of which is to create the SNT Charter. What it is? The charter is a properly approved and registered legal document that contains provisions and rules relating to all issues of the activities of the gardening partnership. The Charter must indicate:

Name of the partnership (for example, SNT “Yagodka”);

Address where it is located;

The number of members already in the partnership and the permissible norms for admitting new ones;

The area of ​​all its land plots;

Types of contributions and the procedure for making them;

Rights of members of a gardening organization and their responsibilities;

Managment structure;

Legal form.

Controls

After registration, SNT members hold their first meeting, at which they approve the Charter and elect a chairman. He will represent their partnership as a legal entity. Representatives are also elected, whose responsibilities include: helping the chairman take care of the partnership, signing documents with him (sharing responsibility), collecting contributions, maintaining records and control. The elected chairman of the SNT must be not just a good person or an experienced gardener. He must know office work, navigate legal issues, be able to organize fire safety and much more, that is, be a good leader. His responsibilities include monitoring the work of all employees of the partnership (accountant, electrician, watchman and others). He must observe himself and require others to comply with the rules prescribed in the charter, enter into agreements, for example, to build roads to the lands of the partnership, open bank accounts, monitor the condition of the territory entrusted to him and inform the members of the SNT about upcoming events in the partnership.

Contributions

In any organization there are always dues. In SNT their types are as follows:

Introductory, or share (paid once);

Membership (paid monthly);

Target (the chairman of the SNT at the meeting must provide information about what the money is being collected for (for example, for laying a water pipeline to the lands of the partnership), and then report on how the donated money was used);

Additional (collected if unforeseen circumstances arise).

Funds from share contributions are spent on acquiring material assets for the entire partnership.

Membership dues funds go towards salaries of the partnership’s employees, payment for general utilities, for example, lighting on the territory of the partnership (it does not take into account whether there is lighting on the SNT member’s property), and for operating expenses. The size of the membership fee depends on the number of plots occupied. The size of the share contribution is equal to the amount of 5 membership fees.

Rights of SNT members

There are people who plan to build a residential building on the SNT site. In this case, the dacha can become a permanent place of registration and residence if there is an act certifying that the erected building meets the standards for residential buildings. In other words, SNT members have the right to build housing on their plots, but registration will require a lot of documents.

I would like to highlight the main postulate of all SNT: no matter how many plots its members own, they all have equal rights and only one vote at the meeting when making any decisions.

Each member of the gardening partnership has the right to the following actions:

Participate in meetings;

Elect the board and be elected;

Demand a report on the activities carried out by the chairman of the SNT;

Carry out any activity on your land plot that is not prohibited by the Charter of the partnership (construction, breeding poultry, bees, etc.);

Dispose of the plot at your own discretion (donate, sell);

Use all public infrastructure facilities of SNT (electricity, water, road);

Have unhindered access to your site;

Leave the partnership if the desire arises;

Be hired by your gardening association if there is a vacancy in your specialty.

I would like to draw your attention to the fact that you can join the SNT after submitting an application and making a positive decision at a meeting of its members.

Responsibilities of members of a gardening society

All members of the SNT are required to obey the following rules:

Pay your fees on time;

Within three years from the date of receipt, develop your garden plot;

Conduct any activity on it that does not violate the SNT Charter;

Take part in social events;

Do not create problems for neighbors in the area with your activities;

Obey decisions made at a meeting of members of the partnership.

Leaving the gardening partnership

If desired, each landowner can withdraw from the SNT. What does this entail?

Legally, nothing wrong. Such a person retains his land plot, he can continue to use the SNT infrastructure (lights, roads and other public facilities), and carry out gardening activities on his plot.

What an individual landowner should not do:

Go to meetings;

Submit to their decisions;

Take part in public events of SNT;

Pay membership fees.

What an individual landowner is required to do:

Draw up agreements with SNT for the use of electricity, water, roads and other public facilities;

Pay for the use of all SNT infrastructure facilities;

Demand your share of the SNT property acquired with the money of SNT members, in proportion to your contributed funds.

Pros and cons of SNT

People who want to have a piece of paradise outside the city, created with their own hands, are happy to become members of SNT. Reviews about their activities are different. According to the majority of respondents, those gardening partnerships that are led by a smart and honest chairman have many advantages. The advantages of SNT are:

There is security;

Always well-groomed, clean area;

There are good access roads to the garden plot;

The opportunity to calmly do what you love;

Those who wish can build a house on the site and register in it.

Noted disadvantages:

The location is not always good;

Sometimes too many additional contributions are collected;

Not all SNTs have good infrastructure;

Difficulties with registration of ownership and, as a result, registration of the house.

It has been sacred to Russians for more than one generation. The activities of associations of gardeners and gardeners are regulated Federal Law No. 66, which was adopted in the country back in 1998. According to this law, all dachas partnership are non-profit associations, have their own Charter and the governing body - general meeting, which selects the Board, its Chairman and. To create them, you need the desire to unite at least three citizens who decide to create SNT.

The date of creation of the partnership is considered the moment information about the association of gardeners and gardeners is entered into Unified State Register of Legal Entities, which is mandatory.

The main document of the SNT regulating the activities of the association is Charter. It is approved and accepted on. It is based on a standard form, which is adjusted in accordance with local characteristics. All provisions of the Charter must comply with the requirements of current legislation. The document describes the management structure of the company, terms and procedure for their election, rights and obligations, as well as goals, objectives and internal regulations of SNT. The purpose of creating non-profit partnerships of gardeners and gardeners is to unite collective efforts to solve social and economic problems. are created to resolve urgent issues. They keep records on the expenditure of funds of the non-profit association, deal with the allocation of lands belonging to SNT, garbage removal and other issues related to the organization of life of holiday villages and cooperatives.

Features of the election of the board of the partnership

Such documents are subject to mandatory recording and storage. The form of voting when choosing the SNT board is secret, unless otherwise provided in the Charter of the partnership. The law prohibits the election of members of the Management Board open voting. The law establishes the deadline for electing the management body of the partnership. It is limited to two years. The number of members of the Management Board is determined by the general meeting when forming the Charter of the company and is enshrined in its provisions. The same document determines the number of members of the Audit Commission and the procedure for its election.

Re-elect the bodies of the Management Board of the company possible by convening members of society. The initiators of its implementation can be no less than 1/5 SNT participants or the Audit Commission. A refusal to hold such a meeting, according to current legislation, may be a violation of the procedure for convening. This procedure is established in the Charter of the partnership. If there are no violations, the meeting must be held within 30 days from the moment the decision to convene it is made.

The reason for convening an extraordinary meeting of the SNT may be not only the unsatisfactory work of the bodies of the Association’s Board, but also the withdrawal of former participants from its membership, as well as other reasons provided for Charter of the partnership. Decisions at meetings are made by a majority of the members of the partnership, unless otherwise provided in the Charter. The meeting is considered valid and valid if a quorum of members of the company is present at it - more than half its participants.

Powers of the board of the partnership

The SNT Board is a governing body that makes all decisions collectively and is elected by members of the non-profit association at their general meeting. Elections are held in accordance with the SNT Charter. The collegiality of partnership management is determined by current legislation. Job description of the chairman of the board of a horticultural partnership limits his power and administrative functions. He does not have the right to make decisions important for SNT alone.

The work of the SNT Board and its Chairman should be aimed only at implementing the decisions of the meeting of members of the partnership. The role of the Chairman is organizing and coordinating the work of members of the Management Board. Within the competence of the SNT Board is the convening of meetings of the partnership.

The board carries out operational management of the activities of the non-profit association and can plan its economic activities. It draws up cost estimates for the necessary costs, manages the assets of SNT within the limits of its powers, which are described in the Charter. The responsibilities of the Board include organizing accounting and preparing relevant community reports, as well as other issues.

The decisions and activities of the SNT Board can only be aimed at achieving the goals determined by its members. All of them must comply with the current legislation of the Russian Federation. On members of the Board And Chairman responsibility lies for its implementation and monitoring of compliance.

Rights and responsibilities of the chairman of the board of a gardening (dacha) partnership

Rights and responsibilities of the Chairman The board of SNT is dedicated. Along with this norm, the legal status of the Chairman is also determined by the Charter of the partnership.

Based on the Charter, the Chairman can act on behalf of the partnership. For this, he does not need a power of attorney from SNT. The constituent documents of the company give the Chairman the right to sign all documents related to the financial and economic activities of SNT. The competence of the Chairman of the Management Board includes concluding transactions and agreements, which may be of a different nature. The main responsibility of the Chairman is to respect the interests of the SNT, promptly resolve current problems and take care of the normal activities of the association.

Responsibility of the chairman of the board of the partnership

Activities of the Chairman of the Board of SNT not only honorable, but responsible. Causing harm to the partnership, abuse of one’s powers and violation of current legislation while the Chairman is in office can lead not only to his re-election, but also to prosecution. The latter can be material, disciplinary, administrative and even criminal. The decision to choose the form of bringing the Chairman to justice is made exclusively by the court, based on the application of the members of the partnership.

Conclusion:

1. All SNT are non-profit associations of citizens.
2. They can create a partnership at least three people.
3. A mandatory condition for the existence of SNT is registration.
4. The board of directors of the partnership is carried out on the basis Charter.
5. The main governing body of SNT is the meeting, which elects members of the Board and the Audit Commission, as well as the Chairman.
6. The activities of SNT are regulated Federal Law No. 66, which was adopted in 1998.

The most popular questions and answers to them regarding the extraordinary meeting of the gardening (dacha) partnership

Question: Hello, my name is Elena. SNT members annually collect funds for the needs of the partnership. The sums are rather large, but tangible deeds are not visible. How can I check how the collected funds are spent?

Answer: Hello, Elena. The Chairman of the SNT Board must report annually on the financial and economic results of his work. If this does not happen, then each member of the partnership has the right to go to court with statement of claim that he be obliged to do this in a forced form. If the activities of the Chairman turn out to be illegal and cause harm to the SNT, he can be held accountable and compensated for the damage caused to the partnership.

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Many gardeners in their particular SNT do not understand the essence of democracy, nor the legal procedure for resolving partnership issues, nor the conditions for the existence of gardening partnerships. They often try to solve their problems by shouting and insulting, as well as by complaining to all authorities about the objectionable board and chairman. The belief in a good king who is pleasing to everyone is still alive today, but if the rule is pleasing to everyone, then it simply does not work at all.

The main and key figure in any gardening non-profit partnership has always been the chairman of the board. The well-being of gardeners largely depends on his talent to organize the work of the board and the public organization as a whole, because only a normal chairman is able to stop theft and lawlessness in the partnership.

People are not born to be the chairman of a horticultural non-profit partnership, and the laws in SNT are somewhat different from the production or operational organization where they may have once worked. For many reasons, SNT chairmen do not have time to visit lawyers or search and understand laws on the search network, although they have many questions on the forums, in particular, about the official rights and responsibilities of the chairperson.

Elections and re-elections of the chairman of the SNT

The job responsibilities and rights of the chairman of the SNT are determined by the job description, according to which he is hired or dismissed for this position by decision of the board and in accordance with current legislation. The chairman is elected by the general meeting (or meeting of authorized representatives) for a period of two years. The chairman may have a secretary and a deputy, who hold this position until the next election and, in the absence of the chairman, at his direction, perform the duties of a manager. The secretary of the board maintains a card index of SNT members and owners who live on the territory of the partnership without being its members - home address, telephone number, information about land documents, family composition.

Members of the board relieve the chairman from his position only in certain cases:

1. Upon a written statement from the chairman about the voluntary resignation of his duties.
2. For regular refusal to hold board meetings if its members insisted on this in writing.
3. If the chairman does not show up for work without a good reason for more than 10 days, and this fact is confirmed by acts of his absence during office hours and at board meetings, the administrative and administrative activities of the chairman for SNT employees were also not carried out during this period.
4. The chairman can also be fired for activities that caused financial damage to the organization due to abuse of power for personal gain (this fact must be confirmed by the audit commission).
5. If the chairman refuses to hold a reporting meeting within the time limits specified by law, and also does not systematically implement the decisions of general meetings, provided that they are completely legal. The same applies to board decisions.
6. They can be fired if they refuse to provide the audit commission with the opportunity to check all the necessary documentation of the partnership.

This list can be supplemented or shortened only at general meetings. The chairman is obliged to submit to the board of the SNT, guided in his work by the charter and legislation of the Russian Federation (in particular, Article 66 “On gardening, gardening and dacha non-profit organizations of citizens”), as well as decisions of the general meeting and the board. In his work, the chairman also takes into account the regulations of local authorities, if they are related to the activities of the partnership, as well as court decisions, if they have entered into legal force.

Main responsibilities of the chairman

The main responsibility of the chairman of the SNT is to carry out business activities in accordance with and within the limits provided for by the charter of the partnership and the federal law of April 15, 1998. No. 66-F3 (with additions). The chairman must know:

1. Provisions of the legislation of the Russian Federation that regulate the economic and legal activities of SNT.
2. Internal labor regulations of the organization.
3. Labor protection rules and regulations, fire safety rules, civil defense and safety regulations.
4. Technical and design documentation of the partnership, contractual documents on the supply of utilities.

The chairman himself observes and monitors compliance by all personnel (accountant, cashier, electrician, security guard) with internal regulations and job responsibilities, as well as sanitary standards and labor protection rules.

The chairman is obliged to carry out and ensure that all employees comply with the orders of the SNT board. As soon as the board or general meeting elects a chairman (with the corresponding resolution drawn up), the chairman can begin his official duties. Its powers are determined by the charter and Federal Law. If you disagree with the decision of the board, the chairman has the right to appeal it at the general meeting (meeting of authorized representatives). The manager acts without a power of attorney on behalf of the gardening partnership.

Job description for the chairman

What are the responsibilities of the SNT chairman?

1. Chair board meetings with the right of first signature on financial documents and minutes.
2. Conclude contracts, open bank accounts, issue powers of attorney.
3. Constantly monitor the proper performance of their duties by all employees.
4. Monitor the proper operation and safety of all SNT engineering equipment.
5. Conduct a weekly inspection of the organization’s common property to identify its technical condition, efficient operation and degree of wear.
6. Maintain contacts with representatives of energy supply and contractor organizations regarding the implementation of SNT contractual obligations. Organize access for specialists to engineering equipment.
7. Monitor the fulfillment of obligations by energy supply organizations and contractors under contracts with the partnership, promptly inform the board of violations of contractual obligations.
8. Conclude service agreements with third-party organizations in a timely manner, paying for their services at the specified rates.
9. The official responsibilities of the chairman of the SNT also include representing the interests of the partnership in the district administration, sanitary supervision, state supervision, technological supervision to the extent of his competence.
10. Take measures to eliminate emergency situations (power outage, accidents, etc.), draw up reports on emergency situations at the request of the owners.
11. Take and record the readings of electricity meters on a monthly basis (if necessary, with the involvement of employees of the relevant services), transmit the readings of the meters to the accounting department of SNT and to energy supply organizations.
12. Work with persistent defaulters to eliminate debt for maintenance and other services provided.
13. Inform owners in a timely manner about restrictions (or shutdowns) of the services provided using announcements posted on information stands, and monitor information on the SNT website.
14. Monitor statements of owners, record them and timely execution by SNT employees.
15. Monitor the sanitary condition and cleanliness of the territory, including the container site.
16. At least once a quarter, inform the board of the partnership about plans and the results of their implementation.
17. Ensure the availability, safety and replenishment of working and technical documentation of SNT - plans, diagrams, drawings.
18. Monitor reporting – accounting, statistical, technical.
19. Monitor the activities of the chief accountant of a non-profit organization.
20. Verify the correctness of payments to SNT owners.
21. Together with members of the board, regularly monitor the condition of engineering equipment and external improvements in the partnership’s cottages, and take timely measures to eliminate any identified deficiencies.
22. Twice a month, receive members of the organization, both on personal and general issues of SNT activities.
23. Make purchases of material and technical resources that are necessary for the statutory activities of SNT.
24. Store confidential information that the chairman must possess in accordance with his position (financial condition of the organization, personal data of members of the partnership).
25. When performing official duties, be polite and correct with employees and land owners.
26. If the employment contract and legislation define other obligations, strictly comply with them.

Responsibilities of the Fire Safety Manager

According to the law “On Gardening Associations,” between general meetings the SNT is governed by a board headed by the chairman of the SNT, whose fire safety responsibilities include fulfilling the requirements of fire safety legislation.

The general meeting of members of the partnership assigns responsibilities to the board and its chairman to carry out specific activities:

Appoint someone responsible for the implementation of the Fire Safety Rules and send him to study, pass exams and receive the qualification and certificate “Responsible for Fire Safety.”

Have in the partnership and constantly maintain documentation on compliance with fire safety rules to the required extent:

• decision of the board on the appointment of a person responsible for fire safety and approval of the Fire Safety Rules in SNT;
• decision of the board on the appointment of a person responsible for electrical facilities;
• decision of the board on the appointment of a person responsible for fire extinguishing means;
• decision of the board on the issue of approval of the list of vigilantes;
• fire safety instructions during gas-electric welding and other hot work;
• instructions on the actions of staff in case of fire and evacuation;
• log of fire safety training for employees.

Organization of notification and information support

At the entrance, next to the sign with the name of the partnership, there should be a board with the SNT diagram. A copy of the diagram is sent to the fire department. To notify about a fire, the association must have a public address radio center, the siren of which is duplicated by mechanical means - a bell or a rail.

An information board on relevant topics with operational information should be installed on the territory of SNT. Posters and signs are also placed in public areas. The responsibilities of the board and chairman include informing and monitoring the mandatory installation by members of the partnership of a barrel of water or a fire extinguisher at their cottages. The chairman must monitor the timely cleaning of roads for the free passage of fire fighting equipment, as well as the absence of flammable waste dumps and fuel containers on the territory. In persistently hot and windy weather, as well as when a special fire-fighting regime is entrusted to SNT, the chairman and the board carry out explanatory work on fire prevention and actions in case of fire, and organize free patrolling by volunteer firemen.

Actions in case of fire

In the event of a fire, the chairman or members of the board must immediately call the fire department and also announce the fire by all means of warning (radio, bell, etc.). It is necessary to organize a meeting and escort of fire trucks to the fire. The chairman must take measures to rescue people and remove them from the fire zone with the help of a fire brigade. It is also necessary to remove strangers from the area.

Before the arrival of professional firefighters, it is necessary to begin fighting the fire with the help of your own fire brigade (in accordance with Law No. 100-FZ of May 6, 2011).

Rights of the chairman of the partnership

In addition to the duties, the chairman of the SNT also has the rights:

1. Represent the interests of SNT in government agencies and local governments.
2. Resolve personnel issues - hire employees, fire those who do not correspond to the position. In accordance with existing legislation, take punitive and reward measures against employees.
3. Give employees instructions that must be followed.
4. Suspend employees from work in case of gross violation of internal regulations, job responsibilities, sanitary standards, labor protection and fire safety rules.
5. To perform your official duties, use the information received from members of the board.
6. Use equipment, materials and supplies provided by the partnership.
7. The manager has the right to compensation for expenses incurred during the performance of official duties, previously agreed upon with the management board.
8. Receive from the owners of the partnership copies of documents establishing title and confirming their rights to land plots.
9. Petition before the general meeting (or board) to exclude debtors from members of the organization.
10. In accordance with the charter and laws of the Russian Federation, take other measures of influence against land owners who violate the charter, building codes and other provisions of the law.
11. The chairman has the right to polite, respectful and correct attitude of employees and members of the partnership.
12. If the current legislation and labor charter establish other rights for the chairman, then the manager of the SNT also has the right to them.

What is he responsible for?

The SNT manager is responsible for:

• organization of office work in SNT,
• accounting and storage of documents.
• correctness of concluded contracts,
• proper maintenance, operation and safety of property,
• timely and complete fulfillment of the terms of all contracts, making payments (together with accounting).

In particular, the chairman pays for the total electricity consumption according to a common meter. This amount is offset by the total readings of individual meters, so the job responsibilities of the SNT chairman also include issues of electricity control. When changing the meter from the owner of the site, he is obliged to take the readings of the old meter on the day of replacement and the readings of the new one on the day of installation, and the chairman must be sure that the meter is technically in good working order, that is, it has been tested by the power supply. It is strictly prohibited to charge members of the association at rates exceeding the amount established by the Energy Resources Commission (due to losses in wires, idle transformer, theft). Such activity entails criminal and administrative liability.

The power supply is stopped in the following cases:

• poor condition of electrical wiring,
• violations of electricity metering schemes,
• connecting pantographs past the meter,
• lack of access for officials to check the condition of electricity consumption devices,
• late payment for services.

Disconnection is carried out after a warning and if the offender has not eliminated the problems on time. For other violations of the charter, for example, non-payment of membership fees, the board and chairman do not have the right to turn off electricity as a measure of influence on the defaulter.

Responsibilities of the Audit Commission

The Audit Commission is a permanent body of the SNT, elected at a general meeting of members of the partnership for financial and economic control over the activities of the association, its board and other officials.

The commission carries out its activities in accordance with the charter of the partnership, as well as relevant regulatory documents.

Members of the commission consisting of three people are elected for one to two years at a general meeting by open or absentee voting from among persons with higher (or basic higher) education - legal or economic and experience in the economic and legal sphere. A commission of two people is also eligible. If one is elected, he is called the Auditor. Any member of the partnership may be elected to the audit committee. A professional owner who permanently resides on the territory of the SNT, but is not a member of it, is approved separately.

The following may not be members of the audit commission:

• Chairman of the Board;
• board members and their relatives;
• debtor owners;
• persons with criminal records and disqualifications;
• someone by proxy from a member of SNT.

If other governing bodies are also elected at the general meeting, then the audit commission is appointed after them.

Functions of the Audit Commission:

1. Checking the financial documents of the partnership, inventory, constituent documentation, minutes of meetings and orders of the chairman and board, comparing the results with accounting data.
2. Verification of the legality of contracts and other transactions on behalf of the partnership.
3. Checking the prepared balance sheet, annual report, profit distribution, reports for the tax office, statistics and government agencies.
4. Assessing the validity of cost and income estimates.
5. Checking the actual availability of property and funds.
6. Verification of the intended use of funds and property.
7. Checking the validity of financial transactions, completeness and timely payment of taxes.
8. Checking the reasonableness of costs for capital expenditures and ongoing activities
9. Checking the financial condition and control of debt of SNT members.
10. Checking payroll calculations for individuals.

After checking the financial activities, the commission draws up a conclusion assessing the correctness of the documentation (reports, balance sheets, declarations). An audit of the financial activities of the association is carried out once a year. The results of the conclusion are presented to the general meeting only after the chairman and members of the board have familiarized themselves with them. The commission must promptly communicate to the board (in writing) the results of all inspections seven days before the general reporting meeting. For complaints from members - within 10 days.

When compiling a report, the commission develops precise recommendations for correcting deficiencies. The commission has no right to disclose all confidential financial information (personal data of members of the organization, its financial condition). In the absence of an external audit, the conclusion is made on the annual report of the partnership and the approved budget with salary accruals. The powers of the audit commission also include proposals to the general meeting on bonuses based on the results of the audit for the board and the audit commission to improve motivation in work.

The duties of the chairman of the audit commission include receiving members of the SNT once a month (a specific date is determined).

Responsibilities of the chairman and the board in relation to the audit commission:

1. During the period of inspections, the board provides all possible assistance in the work of the auditors, placing at their disposal an office, office equipment, and office supplies.
2. The chairman includes the nominations of owners who submitted an application to the ballot if the agenda of the meeting includes the issue of choosing an audit commission.
3. The chairman of the board of the partnership is obliged to provide the auditors with the documents that were indicated in the decision to conduct the audit or give a written explanation of their absence.
4. At the written request of any member, the board is obliged to familiarize him with the findings of the commission and provide copies of the conclusion.
5. When preparing the general reporting annual meeting of members of the association, the board and chairman are required to distribute to all their members the conclusions and reports of the audit commission.