People from the st. zone. Use of public land in SNT

In accordance with the upcoming law, innovations will cost owners of plots near Moscow approximately 246 billion

SNT today

A garden or dacha partnership is several hundred people who, by chance, turned out to be the owners of neighboring plots of land. They don’t know each other and see each other mainly at general meetings, which usually result in hubbub, hysteria and mutual insults.

Because of the hubbub, and also because of their own indifference, a maximum of a quarter of SNT members go to meetings. It is impossible to force the rest, since there are no legal instruments for this. No leverage.

The chairman and board of the SNT are elected by the meeting for two years. The most common types of chairman are:

An energetic, arrogant fool. He constantly screeches, promises to sue everyone and effectively ruins what was still somehow working;

Retired military or former commander. He presses with authority, promises a lot and does nothing, because he doesn’t know how to do anything;

Successful in life, business person. He becomes chairman, following the principle “if you can’t stop the madness, you need to lead it.” He usually manages to establish something in the gardening partnership, using personal funds and connections.

SNT problems:

- electricity

- garbage

- roads

Electrical problem consists of two parts.

First part: summer residents do not have enough power. You turn on the kettle and the lights go out. To solve it, you need to replace the old transformer with a new one and put the networks, poles and wires in order, that is, collect a lot of money from all members, which is extremely difficult, because there are no levers for this.

Second part: defaulters hanging on the shoulders of those who pay.

The catch here is that the partnership pays for electricity collectively - according to a common meter. All members hand over money to the accountant using their individual counters, they are added up, and in theory the amount should be the same as on the common counter. But it never works out. Because many people simply do not pay for electricity. And there are no levers to force them to pay.

SNT's debts for electricity ultimately have to be paid off from contributions, that is, from general money that is collected for garbage removal, snow removal and payment of taxes for public lands.

Garbage problem stems from an electrical problem. If the fees go towards paying off debts for electricity, there is very little left for waste removal. Therefore, removal is ordered only when there is nowhere else to go. When the container is filled with garbage, and everything around is littered, and the owners of nearby plots shout at the chairman: “I’m tired of this garbage dump! Rearrange immediately! Otherwise we won’t pay our dues!”

The most popular threat of SNT members: I will not pay dues because the board is not doing anything.

It is impossible to force people to pay dues; there is no leverage.

Theoretically, it is possible to exclude such a comrade from the SNT and conclude an agreement with him on the use of common roads, electrical networks, etc.

But he can negotiate such an agreement until he’s blue in the face: you think I should pay SNT 5 thousand rubles, but I think it’s a thousand.

To get rid of it, SNT will sue and pay legal costs. But the litigation will end in nothing when the costs exceed a hundred thousand and it becomes clear that there is no end to them.

Problem with roads. There is no such thing as a road for three kopecks. To make a normal road, you need a lot of money. Assembling them is as difficult as installing a new transformer. Less than half of my comrades give up. Others say: why is it so expensive? It is impossible to force them, there is no leverage. As a result, the amount collected is insufficient.

You can, that is, add some old primer somewhere, trim it somewhere. But you can’t build a road that won’t fail in the first spring for that amount.

Those who donated money, however, expect more. They see the pitiful efforts to level the dirt road and accuse the chairman: he stole our money, we won’t rent it out anymore...

The painful distrust of Russians towards each other, the inability to organize themselves, the huge difference in financial situation, life experience and understanding of how the world works - these are the reasons why any undertakings get bogged down in the SNT and almost nothing is impossible to solve together.

But all this could be overcome if the SNT - represented by the general meeting and the chairman - had leverage over its members.

But there are no levers. Because of this, SNT cannot improve themselves and suffer from inconvenience.

How to arrange a comfortable life in SNT

Two ways.

Or give leverage: legitimize the right of the SNT board to turn off the lights to non-payers, fine violators, withdraw contributions from their bank account, seize property, that is, carry out the same actions as law enforcement agencies responsible for collecting taxes and public order.

Or remove collective responsibility from the SNT and let each member be responsible only for himself.

The first option would work great. If the members of the partnership were still allowed to choose the sheriff, and the sheriff was allowed to have a pistol, ideal order would reign in SNT. But this is an unconstitutional path, unfortunately. Therefore we do not consider it.

The second option remains. It is also effective, which is confirmed by the experience of some SNTs in the Moscow region.

Like everyone else, their electrical networks and transformers were owned by the partnership. They transferred this common property free of charge to the energy supply company.

The company entered into direct contracts for electricity with SNT members. And now they have the same system as in the city.

Each member receives a payment accrued according to his meter readings, which he himself submitted. And he pays for himself. And no one else. The company deals with defaulters: they come and disconnect. This no longer concerns other members of SNT, and the same trouble as before - when at the end of the year it was discovered that the partnership had a debt for electricity of 400 thousand rubles, God, where to get them? – doesn’t happen anymore.

In exactly the same way, some SNT have established garbage collection. Members of the partnership switched to direct contracts with companies that deal with this.

If the family is large and there is a lot of garbage, an agreement is concluded so that it is collected, say, three times a week. The schedule is known, the bags are placed in advance near the gate on the street, the car comes and takes them away. And if there is little garbage, it can be accumulated on the site and taken out once a week, then the contract will be cheaper.

Everything is fair. Everyone pays for themselves. Everyone is responsible for their own garbage. And no common garbage dumps, dirt, stench or swearing.

The direction in which SNT needs to move in order to establish a reasonable and comfortable life for itself is clearly visible.

We need to switch to individual payments for everything possible and reduce the area of ​​collective responsibility.

But the Moscow region authorities are planning exactly the opposite.

On the contrary, they intend to increase collective responsibility, for which SNT has neither the levers, nor the tools, nor the capabilities.

How to bury SNT

The Moscow Regional Duma has developed a Summer Resident's Charter - a set of rules that must be observed in gardening and dacha partnerships.

The Charter very beautifully describes how and what should be.

“The entrance to the territory of SNT (DNT) is equipped with a gate or barrier with an electromechanical drive or manually opened, as well as external lighting. The minimum illumination in the horizontal plane at the entrance gate should be at least 1 lux. The height of placement of outdoor lighting fixtures must be at least 2.5 meters.”

“Internal driveways of SNT (DNT) must be kept clean and have a hard surface (reinforced concrete, concrete, asphalt concrete or crushed stone surface), and also be illuminated at night by means of external lighting.”

“At the main entrance to the territory of SNT (DNT) the following must be installed: an information sign with the name of the horticultural (dacha) association; information stand, with the obligatory placement of a schematic plan of SNT (DNT).”

“The territory of SNT (DNT) must be fenced around the perimeter. Deviation of the fence from the vertical is not allowed. Further use of dilapidated and damaged fencing, as well as individual fencing elements, is prohibited without urgent repairs. Elements of wood fencing should not have burrs, flakes, chips with sharp ends or edges on the surface, as well as the presence of rough surfaces that can cause injury. Rotting of the base of wooden supports is not allowed.”

“At the entrance to the territory of SNT (DNT) there are sites for installing waste bins. The site must have a fence on three sides with a height of at least 1.5 meters, an asphalt or concrete surface with a slope towards the roadway, and a hard-surfaced access road. A waste removal schedule must be posted at the container site, indicating the name and contact telephone numbers of the organization carrying out the removal. SNT (DNT) is obliged to ensure regular waste removal in accordance with concluded agreements with organizations that carry out waste removal and disposal in accordance with the approved average annual waste accumulation standards.”

These are just a few points of the Charter. And not even completely. But it is already clear that they are all very wonderful and useful. However, very expensive.

According to the plans of the Moscow region authorities, funds for their implementation should be provided by members of the SNT. Those same members who don’t pay dues of 3 thousand rubles and “they don’t need the road,” and let their neighbors pay for the light they turned on.

Moreover, there are points in the Summer Resident’s Charter that cannot always be fulfilled even with the means.

For example: “The distance from a residential building (or house) and a cellar to a latrine must be at least 12 meters, and from a well or other water feature to a latrine and composting facility must be at least 8 meters.”

Try to organize such “distances” on six acres, part of which is also occupied by a house, garden, vegetable garden, gazebo.

Apparently, it did not occur to the developers of the Charter that SNT could have such small areas.

Formulating their “demands,” they imagined the prestigious cottage communities in which they themselves live: large plots of land, expensive houses, rich owners... Therefore, what they came up with was not a Summer Resident’s Charter, but something impossible to implement and essentially mocking.

However, in April the Charter was already approved by some murky forum of government-owned summer residents. After the May holidays, the text will be sent to all SNTs in the Moscow region for summer residents to read and make suggestions.

“The Charter is a document that we will polish for a year or two in order to adopt the law of the Moscow region on summer residents and gardeners. This will be the first regional law that will regulate the activities and lives of our summer residents and gardeners,” explained the initiators of the law.

If the Charter really turns into law, gardening and dacha partnerships will come to an end. This is absolutely clear.

They will not be able to fulfill the requirements specified in it. Admtechnadzor will come and impose fines. Judging by the information on the Internet, they will be extortionate - up to 500 thousand rubles. In addition, chairmen will be fined separately - 50 thousand for each “jamb”.

Individual fines for summer residents are also provided. The grass along the fence on the street side was not mowed - 2 thousand. Garbage burned on my site - 5 thousand.

But if individual fines can still be paid, then no one will be able to pay collective fines.

This means that, to pay off the debt, the bailiffs will take away the property of SNT - public lands, and SNT themselves, obviously, will bankrupt and appoint management companies for them with such tariffs that summer residents will stop going to their dachas altogether.

In short, it’s bad now, but it will get even worse.

And all the authorities near Moscow came up with this idea.

In the Summer Resident's Charter they described what and how it should be in SNT. But summer residents themselves know this very well. Everyone wants SNT to be clean, beautiful, comfortable, light, warm and quiet. The authorities do not need to describe all this, but rather figure out why this is not working out. And figure out how to make it work.

Price of new requirements for SNT

In the Moscow region there are approximately 11 thousand SNT and 3 million summer residents.

On average, there are about 300 plots in SNT, although there are small ones - 30 plots each, and giant ones - where there are more than 1000 of them.

To imagine how much it will cost to comply with the requirements of the Summer Residents’ Charter, we have compiled an approximate estimate for a SNT with 360 plots. The chairman of this SNT, who served two terms, helped us, but when he saw the summer resident’s charter the other day, he gasped and hurried to leave his position.

Requirement 1. All internal passages in SNT must be paved.

The most economical option for hard surfaces is asphalt chips. A square meter of road costs 550 rubles. First comes the grader, then the roller, then 25 cm of crushed stone, again a roller, 8-10 cm of asphalt chips, again a roller, a layer of bitumen.

Let’s take, for example, the central street SNT, which is 4 m wide and 900 m long. To make such a covering on it, you need 2 million rubles.

If you also do all the passages - 12 million.

Along with the hard surface, it is necessary to make “storm drainage” - ditches along the sides to drain water, otherwise after each rain the areas will sink. The cost of the storm drain will be the same as the cost of the road itself, i.e. another 12 million

Requirement 2. Fencing around the perimeter of the entire SNT.

The perimeter of SNT with 360 sections is approximately 4 km. A linear meter of planed boards now costs at least 500 rubles. This means that you need 4 million for the material. Plus another 2 million for the pillars. That already turns out to be 6 million and plus the same amount for the work. Total 12 million

Requirement 3. Barrier with electromechanical control - in the region of 100 thousand.

Requirement 4. Dumpster on a concreted area, fenced on three sides - 150-200 thousand.

Requirement 5. Information boards at the entrance and at the garbage dump - 30-50 thousand.

Total: SNT with 360 plots must spend approximately 30 million rubles to meet the requirements set out in the Summer Resident's Charter, which will become law in one and a half to two years.

This means that approximately 82 thousand rubles need to be collected from each site.

We multiply by 3 million summer residents and we see that the arrangement of all SNT in the Moscow region in accordance with the requirements of the new law will cost the owners of the plots approximately 246 billion rubles.

An astronomical, absolutely unrealistic amount that people do not and cannot have.

For reference: the entire revenue side of the Moscow region budget for 2016 is 371 billion rubles. 117 billion will be spent on education, healthcare – 72 billion, social protection – 59 billion, roads – 52 billion, and culture – only 4 billion.

Many gardeners who are faced with the lawlessness of the board and chairman know that sometimes it can be very difficult to obtain documents related to the activities of SNT as a legal entity. Before 2016, it was especially difficult to request copies of the constituent documents of non-profit partnerships. For these purposes, gardeners wrote letters to the management of SNT, went to court, law enforcement agencies, etc.

In some gardening charters, the procedure for obtaining copies of constituent documents and their list were spelled out in sufficient detail, while in others it was more vague. But it is obvious that in order to find out what procedure for obtaining the constituent documents of partnerships is provided for by the charter, it was necessary to see this charter. But this was no easy task.

New in SNT 2016

Thanks to the new amendments, the list of documents and the procedure for their provision are now regulated at the legislative level. Which in itself already makes it impossible to prescribe any other provisions in the charter. But what about the charters, which at the time of adoption of the amendments already contain other conditions, and the procedure for providing constituent documents is not regulated?

Obviously, such provisions of the statutes will be invalid, since federal law has greater legal force over them.

Now let's figure out how documents are now requested at the level of a legislative act.

The new Federal Law, which amended the legislative act on SNT, now clearly regulates the list of documents that the management of the partnership is obliged to provide upon first request. These are the charter, financial documents, minutes of general meetings, documents relating to voting, etc. As we see, the list of these documents is open, and this allows us to conclude that the gardener can request any documents related to the life of gardening.

By the way!!! An extract from the minutes of the general meeting of the SNT is perhaps the most important document in gardening, because from its contents you will understand how accurately the will of the gardeners to make this or that decision was reflected. Also very important are documents confirming voting on certain issues, since it is during voting on issues that the main frauds and distortion of the will of the voters take place. It is as a result of such actions that raider takeovers of partnerships occur, after which the property of the gardening community begins to disappear in an unknown direction. It is as a result of such actions that the payment of contributions to the SNT grows almost to the cost of the garden plot itself.

Important to remember!!! Issues of increasing membership fees are adopted only by the general meeting.

Application to the SNT board for the provision of documents

Now about how to correctly request SNT documents. The law states that documents must be provided at the request of a member of the SNT, how can such a requirement be expressed? Firstly, the gardener can simply ask orally to provide him with the necessary documents, and/or by submitting a corresponding written application to the secretary during the working hours of the board. However, this form of application can lead to refusal and even unjustified rejection of the application; recording such a refusal will be quite problematic. Therefore, if you are faced with the reluctance of the management of the board to acquaint you with internal documents, then I recommend making a request by mail with a list of the contents and a receipt. In this case, you will definitely have proof that the gardening administration received the documents, or avoided receiving them. Such actions/inactions of the board can always be appealed in court.

Our gardening provides a “green zone” included in public lands. The owner of a site whose territory borders this zone occupies this territory for several years - builds garages, a bathhouse, a barn, compost heaps, etc. on it. This year, after a permanent shed appeared on the common territory (with concrete pillars), the chairman made a remark and asked to remove the permanent building from the common area. The owner of the site ignores this requirement, citing the fact that this structure does not bother anyone. The board plans to bring this issue up for discussion at the general meeting. Please tell me how to correctly formalize this decision and influence the “invader” of the common territory?
Elena, St. Petersburg

According to Art. 26 of Federal Law No. 66 “On gardening, vegetable gardening and dacha non-profit associations of citizens”, in order to prevent and eliminate pollution of surface and groundwater, soil and atmospheric air by household waste and sewage, compliance with sanitary and other rules for the maintenance of land plots related to property for general use, garden, vegetable and dacha land plots and adjacent territories, ensuring compliance with fire safety rules during the operation of stoves, electrical networks, electrical installations, fire extinguishing equipment, as well as for the purpose of protecting monuments and objects of nature, history and culture at the general meeting of members of the gardening , a gardening or dacha non-profit association (meeting of authorized representatives) may elect a commission of such an association to monitor compliance with the law, which works under the leadership of the board of such an association.
The commission of a gardening, gardening or dacha non-profit association for monitoring compliance with legislation provides advisory assistance to members of such an association, ensures that gardeners, gardeners and summer residents comply with land, environmental, forestry, water legislation, legislation on urban planning, on sanitary and epidemiological welfare of the population, on fire safety, compiles acts on violations of the law and submits such acts for taking measures for consideration by the board of such an association, which has the right to submit them to state bodies monitoring compliance with the law (for example, acts on squatting of public lands, environmental pollution, use of a land plot not in accordance with with the intended purpose, violation of building codes, etc.).
State bodies monitoring compliance with legislation provide advisory and practical assistance to members of this commission and must review submitted reports of violations of legislation.
Members of the commission of a horticultural, gardening or dacha non-profit association for monitoring compliance with legislation may, in the prescribed manner, be appointed as public inspectors of government bodies monitoring compliance with legislation and vested with the appropriate powers.
You can contact the federal service for registration, cadastre and cartography of your area where the gardening is located and report the fact of squatting of part of public land. The application must be accompanied by a copy from the SNT master plan (with the self-capture line marked). According to the Decree of the Government of the Russian Federation “On State Land Control” No. 689, an on-site inspection will be carried out, as a result of which your neighbor may be brought to administrative responsibility in accordance with Art. 7.1. Code of the Russian Federation on Administrative Offences.
But it is possible to oblige the relocation of buildings only in court, by applying to a court of general jurisdiction at the location of the land plot, observing the requirements of Articles No. 131 and No. 132 of the Code of Civil Procedure of the Russian Federation.
In accordance with Art. 76 of the Land Code, legal entities and citizens are obliged to compensate in full for the damage caused as a result of their commission of land offenses. Unauthorizedly occupied land plots are returned to their owners, land users, landowners, land tenants without reimbursement of costs incurred by persons guilty of violating land legislation during the illegal use of these land plots. Bringing land plots into a usable condition in the event of their cluttering, other types of damage, unauthorized occupation, demolition of buildings, structures, structures during unauthorized occupation of land plots or unauthorized construction, as well as the restoration of destroyed boundary signs is carried out by legal entities and citizens guilty of these land violations. offenses, or at their expense.
N. Uvarov, legal consultant of the Center
social and legal support
gardeners.
Newspaper "GARDENER" No. 25, 2012

And they can dispose of them at their own discretion, but with public lands the situation is somewhat different.

The procedure for using public lands is contained in the Civil Code and the Land Code.

Here are general provisions governing the use of publicly accessible lands, as well as the procedure for transferring them into the ownership of SNT.

Separate provisions regarding the legal status of public lands, taking into account the specifics of SNT, are given in Federal Law-66.

The latest version of the law dates back to 2016.

Public lands have the following features:

• they are not subject to the so-called “amnesty” (simplified procedure);
• according to the Federal Law “On Gardening Associations of Citizens”, which is public property is transferred to SNT free of charge;
• The Land Code does not limit SNT members on the terms of use of plots.

What are public lands in SNT

The Civil Code indicates that the status of public land is given to plots that are owned/owned and on which citizens can stay without the need to obtain permits.

Such lands on the territory of SNT may include alleys, passages, roads, platforms, driveways, sanitary protection zones and (including fire departments).

They can accommodate facilities aimed at meeting the needs of residents (for example, power lines, pipelines, gas pipelines, gatehouses, SNT board rooms, water pumps, utility rooms).

The area of ​​public land is calculated as follows: from the total area allocated for the formation of SNT, the area of ​​land that is owned by citizens is subtracted.

Such plots are the collective property of partnerships, or are assigned to them on the basis of perpetual use rights.

For unhindered use of land, the SNT board must have in its hands the title deeds: ownership or assigning.

The procedure for using common land SNT

Today, SNT has two options for registering ownership rights to common property (Article 28 of the SNT Law):

• as the property of an SNT legal entity;
• common property of the members of the association.

It is worth noting that only registration of ownership rights and not lease is allowed for such plots.

The right to choose the privatization option belongs to the members of the SNT. If they choose registration of common property, then joint property is allowed. In the first case, one application for privatization is submitted, signed by all members of the SNT. In the second case, it is submitted by each citizen indicating his share. The minutes of the meeting of the members of the partnership must be attached to the application.

At the same time, citizens cannot be forced to privatize public lands. If such areas are allocated to SNT on the basis of perpetual use rights, then it does not terminate its validity without the desire of SNT.

In practice, re-registration of land ownership has certain advantages for gardeners:

• the lands are transferred to the ownership of the partnership free of charge;
• lands that are registered have clear boundaries and this eliminates the temptation for squatting and the emergence of disputes between plot owners and gardeners;
• SNT will be able to officially register all buildings on common land, erected from contributions from gardeners;

SNT has the opportunity to dispose of lands at its own discretion:

• build them up
• hand over to,
• sell and increase gardeners' plots.

The procedure for using land is contained in the charter of the partnership. Each section here usually has its own functionality assigned. For example, the arrangement of roads and passages, parking lots, reservoirs for fire safety purposes, recreation areas, wells, sports and children's playgrounds, recreational areas, sanitary zones, water supply sources, power lines, etc.

Members of the SNT have the right to use the land solely taking into account its intended purpose.

At the same time, no advantages are provided for the owners of plots bordering public land; they do not have a priority right to it.

Citizens have the right to contact members of the SNT board with a request to allocate them lands for temporary use. In his application, the citizen must indicate the purposes of use, the period for which the land will be needed to implement the assigned tasks (no more than a month). Typically, the SNT charter contains a requirement for prior notification of members of the partnership of their desire to use the site at least two weeks to a month in advance.

When making decisions, the board will be guided by the interests and legal rights of the members of the partnership. For example, if an applicant plans to install a toilet or shower there, then he is more likely to be refused.

If during the work a piece of land is damaged, the user is obliged to carry out restoration work at his own expense.

Usually the site is provided for temporary use free of charge. But in some cases, chairmen impose a certain social burden on the applicant. For example, they demand that vegetation be trimmed.

What violations may occur when using the common land of SNT and responsibility for them

When using common lands, members of a partnership often commit various violations.

Among them, the most common are:

• expansion through common lands of individual plots;
• storing waste and building materials, special equipment, machinery and mechanisms on them;
• unauthorized blocking with gates and barriers;
• installation of various outbuildings, cabins, trailers, retail facilities, facilities for the provision of paid services (car repair, plumbing, construction, etc.);
• unauthorized planting or cultivation of shrubs and trees;
• dump for household waste, gardening and gardening waste.

Usually, for minor offenses, users face a warning, and if the violations are not corrected within the prescribed time frame, a fine is imposed.

More serious violations of land legislation, such as squatting, are dealt with by authorized state inspectors. The Code of Administrative Offenses of the Russian Federation provides for administrative punishment for unauthorized occupation of plots without documents. For citizens, the fine can vary between 500-1000 rubles, for officials - 1000-2000 rubles, legal entities - 2000-20000 rubles.