Who should pay the expenses of the SNT board for litigation? Who paid for the lawyer? (updated) SNT power of attorney to represent interests in court.

Power of attorney to represent interests in a gardening partnership. Acceptance as a member of the partnership is carried out on the basis of an application from the owner of a garden or vegetable plot of land located within the boundaries of the gardening or vegetable gardening territory, which is submitted to the board of the partnership for submission to the general meeting of members of the partnership.

Each member of the partnership, within three months from the date of admission to the partnership, by the chairman of the partnership is issued a membership book or another document replacing it, confirming membership in the partnership. The form and content of the membership book or other document replacing it confirming membership in the partnership are established by a decision of the general meeting of members of the partnership.

A power of attorney for transactions requiring a notarized form, for filing applications for state registration of rights or transactions, as well as for disposing of rights registered in state registers must be notarized, except in cases provided for by law.

A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so in accordance with the law and constituent documents.

If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.

The person to whom the power of attorney is issued must personally perform the actions for which he is authorized. It can entrust their execution to another person if it is authorized to do so by a power of attorney, and also if it is forced to do so by force of circumstances to protect the interests of the person who issued the power of attorney and the power of attorney does not prohibit the entrustment.

Moscow city, Russian Federation
Twenty-seventh March two thousand __________

I, gr. KRYLOV VIKTOR ALEXEEVICH, born 04/04/1989, place of birth - Moscow, citizen of the Russian Federation, gender male, passport 03 04 726627, issued by the PVS Department of Internal Affairs of the Western District of the city. Moscow 07/01/2003, department code 233-001, registered: city. Moscow, st. 70 Let Oktyabrya, house no. 8, apt. 200,

I trust gr. ZUEV VLADIMIR IVANOVICH, born 05/05/1987, place of birth - Moscow, citizen of the Russian Federation, gender male, passport 03 03 421214, issued by the Department of Internal Affairs of the Central District of the city. Moscow 08/28/2002, department code 232-001, registered: Moscow, st. Zhelennaya, house no. 5, apt. 10,

TO BE MY REPRESENTATIVE in the horticultural non-profit partnership "Sukko" of the Alekseevsky district of the Moscow region at general meetings and meetings of authorized representatives on all issues on the agenda, in connection with the provision of land plot No. 167 with a total area of ​​600 sq.m. to me.
For this purpose, I authorize him to submit applications on my behalf, receive and submit all necessary certificates and documents, petitions, explanations, take part in voting, with the right of casting vote, pay the necessary fees and duties regardless of the amount, as well as sign for me and do everything actions and formalities necessary to carry out this assignment.

The power of attorney was issued for a period of one year without the right of substitution.
Contents of Art. 185-189 of the Civil Code of the Russian Federation was explained by a notary.
The text of the power of attorney is read aloud by the notary.
The power of attorney is read by the principal personally.

SIGNATURE: ______________

Gor. Moscow, Russian Federation, March twenty-seventh two thousand ___________.
This power of attorney is certified by me, Elena Leonidovna Rusinova, a notary of the Moscow notarial district, Russian Federation.
The power of attorney to represent interests in a horticultural non-profit partnership was signed by Viktor Alekseevich Krylov in my presence. His identity has been established and his legal capacity has been verified.

Registered under register number _________

Charged at the rate of ___ rub. + ___ rub. for ave.

NOTARY ___________

Today SNT “Sosenki” is involved in legal proceedings on several claims: 7 claims filed by the board against 7 “defaulters” of contributions, and on the claim of Tikhomirov I.V. oblige the board to fulfill the requirement of the Charter and the Law and hold an extraordinary general meeting to elect an independent audit commission (about this. From the estimate of income and expenses for the period from August 28, 2017 to June 10, 2018, available in the minutes, it follows that our board spent “ for lawyers" and other legal costs of more than 250 thousand rubles:

And this money will not return to the cash register!

The fact is that the board presented to the court and to each member of SNT, against whom a lawsuit was filed for non-payment of contributions, a list of SNT members dating back to 1996. But in this list, members of the SNT, and therefore owners of plots, include people who have long been dead. For example, the owner of plot 84 remains Glazov N.F., and the owner of plot 71 is Lelyukh I.A. And almost all those members of the SNT against whom lawsuits have been filed do not appear on this list. Thus, according to the documents, the court has no grounds to demand payment of contributions from people who are not members of SNT!

A document was also submitted to the court, which lists the members of the board:

However, of these, only Oblomkin A.P. is currently a member of the SNT. and Zimenkova L.M. The owner of plot 57 on this list is not Stokoz I.M., but Krylova M. The owner of plot 71, as already mentioned, is not Lelyukh Maria Petrovna, but her late husband, and membership in SNT, in accordance with the Charter and the Law, is not inherited . The owner of plot 82 is V. Kochukov, and not L.V. Gubarev. So the board members are impostors who came from nowhere. And all this should have been seen by the lawyer, for whose services “under the contract” Zimenkova paid fabulous money! And since he did not complete the paid work, then he must return the money in the amount of 201,250 rubles! If, of course, there really was a lawyer. Agree that in any case these are expenses not members of SNT, and the chairman and the board, since the cause of financial losses once again becomes their negligent attitude towards their duties, failure to comply with legally established requirements and the SNT Charter.

The fact is that from March 1, 2015 Subclause 1.17 was introduced into Article 21 of Federal Law 66. “approval of lists of SNT members”:

Art.21. Competencies of the general meeting of SNT members

1. The exclusive competence of the general meeting includes 1.2) admission to membership of the SNT and exclusion from its members. (This procedure is described in detail in the Charter of our SNT).

1.17) approval of lists of SNT members(subparagraph introduced on March 1, 2015 by Federal Law No. 171-FZ of June 23, 2014)

There are other legal requirements that came into force on July 4, 2016. For example, the concept of “Register of members of a horticultural, gardening or dacha non-profit association” was introduced and the data that should be contained in it was described in detail.

SNT created before the entry into force of the Federal Law in force today, which includes ours, were required to create such a register until June 1, 2017. Maintaining the Register in accordance with Article 22, paragraph 20 must be carried out by the chairman of the board or another authorized member of the board.

Due to the fact that our board does not comply with the requirements of the law and the Charter, it is also obliged in this case to bear all financial losses, and not shift them to those, who still pays dues to this board.

In accordance with Article 24 of Federal Law-66:

The chairman of the board of SNT and members of the board ... must act in the interests of such an association, exercise their rights and fulfill established duties in good faith and reasonably.

Today, many members of the SNT do not pay dues precisely because they have lost confidence in this board, which carries out its activities contrary to the law and the Charter not in the interests of SNT.

The board, having learned about the claim filed by Tikhomirov, urgently organized a meeting on June 10, 2018, which was called an extraordinary meeting. When organizing this illegitimate meeting, all existing legislative requirements for this procedure were violated (about this. There were also violations when determining the quorum. Registration of people who came to the meeting was carried out according to a different list of SNT members, as follows from the signature sheet “those present at the extraordinary meeting June 10, 2018,” which was presented to the court. By the way, the powers of attorney for which those present signed for those absent were not attached to the list. In this list, the owner of plot 42 is I.M. Manerova, who already sold this plot to a neighbor several years ago! , Kutuzov M., who volunteered to become chairman of the audit commission on June 10, and he signed for it without any power of attorney, leaving it. two signatures on the signature sheet, which is unacceptable for determining quorum. And, for example, Kalny I.V. signed for two more members of his family, although only the owner of the plot can become a member of the SNT according to the document. So it is impossible to determine whether there is a quorum until there is a list of SNT members approved by the meeting! For this reason, all general meetings of SNT members, including the one scheduled for August 5, 2018, and the decisions made at them are contestable in court .

In accordance with clause 10.9 of the SNT Charter:

responsibility for losses caused to the Partnership by the actions (inaction) of the Chairman of the Board and members of the Board are borne by those members of the Board who made the decisions that led to these actions.

To stop litigation, our board needs to conduct its activities in accordance with the Law and the Charter. The agenda for the next legitimate meeting can only be one: “Approval of the list of SNT members.” We remind you that only an owner who has been accepted as a member of SNT upon application by the general meeting can become a member of SNT, about which there is entry in the Minutes of this meeting. An entry indicating the date of the meeting and the minutes number must be in the book of each gardener who is a member of the SNT.

But the problem is that the board has once again launched violent activities against a legally established requirement. Now against the requirement of Federal Law-66 (Article 21, subclause 1.17) “approval of lists of SNT members.”

Who will pay for the next litigation?

from 31/12/2018

One of the rights of a person participating in a case is the right to issue a power of attorney to his representative to represent interests in court. When considering civil claims, this can be any person who, in the opinion of a party to the case, can help defend a legal position. B – a person who has a higher legal education upon presentation of a diploma.

Participation by a representative upon oral request is allowed. However, this means that the representative will be admitted to the process only in the presence of the party whose interests he represents. A representative will be able to have a complete list of the rights of a person participating in the case upon presentation to the court of a power of attorney to represent interests in court. Our website will help you draw up such a document correctly, without contacting a notary.

Example of a power of attorney to represent interests in court

Power of attorney to represent interests in court

The city of Ryazan, Ryazan region of the Russian Federation.

October eleventh two thousand sixteen

I, Razumovsky Artem Pavlovich, born on February 25, 1981, passport of a citizen of the Russian Federation series 7958 number 1698356, issued by TOM of the Ministry of Internal Affairs of the Central District of the city of Ryazan on March 10, 2001, registration address at the place of residence: Ryazan, st. Dzerzhinsky, house 14, apartment 38

I authorize Viktor Aleksandrovich Koreytsev, born on August 20, 1979, passport of a citizen of the Russian Federation series 9785 number 69835853, issued by the Department of the Federal Migration Service of Russia for the Penza region in the Zheleznodorozhny district of Penza on July 15, 2012, registration address at the place of residence: Ryazan, st. Yadrintseva, house 78, apartment 19,

to represent my interests in the case with Vasilina Yaroslavovna Koreytseva in all organizations and institutions of all forms of ownership, including magistrates, courts of general jurisdiction, and other courts of the Russian Federation in accordance with their jurisdiction and jurisdiction with all the rights of persons participating in the case, including:

present evidence and get acquainted with evidence provided by other persons participating in the case, participate in the examination of evidence, make statements, give explanations to the court, present your arguments on all issues arising during the consideration of the case;

receive copies of judicial acts adopted in the form of a separate document;

appeal against judicial acts in accordance with the procedure, sign all types of complaints;

receive, present for execution, as well as sign for me and perform all actions related to the execution of this order.

The power of attorney is issued for a period of one year. The powers under this power of attorney cannot be transferred to other persons.

Signature: _________________________________ Razumovsky A.P.

On October eleventh, two thousand and sixteen, this power of attorney was certified by me, the notary of the city of Ryazan, Lyudmila Stepanovna Andreeva. The power of attorney was signed by citizen Artem Pavlovich Razumovsky in my presence after reading the text of the power of attorney out loud. His identity has been established and his legal capacity has been verified.

General recommendations for drawing up a power of attorney to represent interests in court

A power of attorney to represent interests in court is necessary when a party to a case entrusts the use of the granted rights to another person. It can be issued on behalf of an individual, a legal entity or an individual entrepreneur.

In the example of a power of attorney posted above, we consider the case when a power of attorney is issued to conduct a specific business. This mechanism is convenient to use to reimburse, in particular, the costs of certifying a power of attorney by a notary. Based on judicial practice, the costs of issuing a power of attorney are recovered when it is not general and is issued to conduct a specific business.

So, a power of attorney on behalf of an individual must be notarized. A power of attorney on behalf of an individual entrepreneur or legal entity does not require notarization.

Power of attorney to represent interests in court - separate powers

According to the rules of Art. 54 of the Civil Procedure Code of the Russian Federation, the representative performs any procedural actions. But the power of attorney to represent interests in court must specifically indicate the following conditions:

• right to sign a statement of claim
• right to sue
• right to refer a dispute to arbitration
• right to counterclaim
• the right to abandon the claim, admit the claim, increase or decrease the amount of claims, change the subject or basis of the claim
• right to enter into a settlement agreement
• right to appeal judicial decisions
• right to entrust the conduct of business
• the right to present a writ of execution for recovery, to receive awarded property or money.

When such powers are not specifically specified, the representative does not have the right to exercise them; they belong exclusively to the party to the case.

In administrative cases, similar powers regarding an administrative claim are separately stipulated. The powers to conduct bankruptcy cases of an individual or legal entity are specified separately.

Clarifying questions on the topic

Shishkina Rumina Mnirovna

• Nikita Alexandrovich

Alina

• Legal Advisor

During the consideration of two civil cases in court, the interests of the board were defended by lawyer V.M. Aloev, hired by the chairman of the board. This despite the fact that Tarasova E.A. had the opportunity to represent the defendant in court - SNT "Druzhba", since in the autumn-winter period, she held receptions for gardeners for only 4 hours a week on Saturdays. The lawyer defended the interests of the board, not the gardeners. It is only in the interests of the board, and not the gardeners, to hold meetings the way we have been holding them in recent years - without legally holding meetings in the clearings, without a list of authorized representatives, without a report for the incomprehensibly spent many hundreds of thousands of rubles, without answers to inconvenient gardener questions.

A very expensive lawyer was hired not only for the case of invalidating the decisions of the meeting dated August 22, 2015, but also for another case - that three members of the board, including the chairman of the board E. A. Tarasova, did not have the right to be elected to the board, since they are not members of SNT, since they do not have land in the partnership. In this case, there are no interests of the gardeners, but only the personal interests of E. A. Tarasova, L. A. Radetsky and V. V. Shashkov. The court rejected the claim in this case, citing the expiration of the statute of limitations, but the documents These members of the board, headed by E. A. Tarasova, did not present the right to ownership of the land plots to the court, although the court ordered them to do so. That is, they did not have the right to be elected to the board; they cannot be members of the SNT without having polling stations. The lawyer argued to the court that the plaintiffs should have known, when electing the board in 2014, whether the board members were the owners of the plots. But how they could find out was not explained. Tarasova E.A. is still hiding in every possible way that plot No. 95 does not belong to her. Only during the trial did it become clear that she did not have any title documents for this plot. How could this be known in 2014?

In the materials of court cases there is a power of attorney dated December 2, 2015, issued for a period of one year, which, in particular, says: “The horticultural non-profit partnership “Druzhba”, represented by the chairman Elena Alekseevna Tarasova, acting on the basis of the charter, authorizes Vladimir Mikhailovich Aloev, ..., represent interests and conduct on his behalf and in his interests all cases with his participation as a plaintiff, defendant, third party in arbitration courts and other judicial bodies, including when considering a case on the merits, as well as in appeal, cassation and supervisory authorities."

Since the power of attorney was issued by the horticultural non-profit partnership "Druzhba", then the agreement for the provision of lawyer services could only be concluded with the partnership. Accordingly, only the partnership could pay for these services. The question arises: how was this payment made if no estimates provided for such expenses? The board does not have the right to make such expenses without a decision of the meeting.

It won’t work to say that Tarasova E.A. made the payment from personal funds - in this case, she would have to deposit these funds into the partnership’s cash desk, and SNT could pay for these services under the contract. But this is not in the estimate for 2015. However, in this estimate there is no mention at all of paying for a lawyer. This means that gardeners do not want to show the board’s expenses for these services!

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