FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2017 No. 217-FZ

About conducting by citizens gardening and truck farming for own needs and about modification of separate legal acts of the Russian Federation

Accepted by the State Duma on July 20, 2017

Approved by the Federation Council on July 25, 2017

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the relations arising in connection with conducting by citizens gardening and truck farming for own needs.

2. This Federal Law determines features of civil provision of the non-profit organizations created by citizens for conducting gardening and truck farming according to the Civil code of the Russian Federation.

Article 2. Legal regulation of the relations in the field of conducting by citizens gardening and truck farming for own needs

Legal regulation of the relations connected with conducting by citizens gardening and truck farming for own needs is performed according to this Federal Law and other regulatory legal acts of the Russian Federation, regulatory legal acts of subjects of the Russian Federation and regulatory legal acts of local government bodies.

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) the garden parcel of land - the parcel of land intended for rest of citizens and (or) cultivation by citizens for own needs of crops with the right of placement of garden houses, apartment houses, economic constructions and garages;

2) the garden house - the building of seasonal use intended for satisfaction with citizens of the domestic and other needs connected with their temporary stay in such building;

3) economic constructions - sheds, baths, greenhouses, canopies, cellars, wells and other constructions and constructions (including temporary) intended for satisfaction with citizens of domestic and other needs;

4) the garden parcel of land - the parcel of land intended for rest of citizens and (or) cultivation by citizens for own needs of crops with the right of placement of the economic constructions which are not real estate objects, intended for storage of stock and harvest of crops;

5) property public - the territories of conducting by citizens of gardening or truck farming located in borders for own needs the parcels of land and the real estate objects and other objects used for satisfaction of total requirements of the citizens conducting gardening and truck farming in the specified territory which are on them;

6) the parcels of land of general purpose - the parcels of land which are property public, provided by the approved documentation on the layout of the territory and intended for general use by owners of the parcels of land located in borders of the territory of conducting by citizens of gardening or truck farming for own needs, and (or) intended for placement of other property public;

7) fees - the money deposited by the citizens having rights of participation in partnership according to this Federal Law (further - copartners), on the settlement account of partnership on the purpose and according to the procedure which are determined by this Federal Law and the charter of partnership;

8) the territory of conducting by citizens of gardening or truck farming for own needs (further - the territory of gardening or truck farming) - the territory representing element of planning structure in which borders citizens perform conducting gardening or truck farming for own needs.

Article 4. Form of business of the non-profit organization created by citizens for conducting gardening or truck farming

1. Owners of the garden parcels of land or garden parcels of land, and also the citizens wishing to acquire such sites according to the land legislation can create respectively gardening non-commercial partnerships and gardening non-commercial partnerships.

2. Owners of the garden parcels of land or garden parcels of land located in borders of the territory of the gardening or truck farming having the right to create only one gardening or gardening non-commercial partnership for property management public, located in borders of this territory of gardening or truck farming.

3. The gardening or gardening non-commercial partnership is type of partnership of owners of the real estate.

Article 4.1. Territory of gardening or truck farming

1. The garden parcels of land or the garden parcels of land, and also the parcels of land of general purpose enter into structure of the territory of gardening or truck farming.

2. The territory of gardening or truck farming can be created on lands of agricultural purpose or lands of settlements.

3. Location of borders of the territory of gardening or truck farming is determined by the boundary-setting plan. Project development of the layout of the territory of gardening or truck farming is not required, but can be performed according to the decision of general meeting of copartners. The boundary-setting plan and the site planning of the territory prepared concerning the territory of gardening or truck farming before their approval shall be approved by the decision of general meeting of copartners.

4. Inclusion in borders of the settlement of the territories of gardening or truck farming which are outside settlement borders is performed in accordance with the legislation of the Russian Federation. Requirements in case of which observance the territories of gardening or truck farming can be included in borders of the settlement or in borders of the territory of gardening the new settlement can be formed, are established by subjects of the Russian Federation.

5. By preparation of the boundary-setting plan for the partnership created according to Item 2 of article 9 of this Federal Law join in borders of the territory of gardening or truck farming:

1) the garden or garden parcels of land which are in property of founders of partnership;

2) the lands and (or) the parcels of land which are in the state-owned or municipal property which area cannot be more than twenty five total percent of the area of the parcels of land specified in Item 1 of this part.

6. Borders of the territory of gardening or truck farming cannot include the territories public, the parcels of land public and other sites which inclusion in borders of the territory of gardening or truck farming is not allowed in accordance with the legislation of the Russian Federation.

7. Creation of the territory of gardening or truck farming shall not interfere with open entry of citizens to the territories the public, lands and the parcels of land public located outside borders of such territory.

8. It is forbidden to include the parcels of land belonging to persons who are not founders of partnership, except for the parcels of land specified in Item 2 of part 5 of this Article in borders of the territory of gardening or truck farming.

9. The garden parcel of land and the garden parcel of land can be included in borders only of one territory of gardening or truck farming.

Article 5. Conducting gardening or truck farming on the parcels of land located in borders of the territory of gardening or truck farming without participation in partnership

1. Conducting gardening or truck farming on the garden parcels of land or the garden parcels of land located in borders of the territory of gardening or truck farming without participation in partnership can be performed by owners or in the cases established by part 11 of article 12 of this Federal Law, the owners of the garden or garden parcels of land who are not copartners.

2. Persons specified regarding 1 this Article having the right to use the property public located in borders of the territory of gardening or truck farming, on equal terms and in the amount established for copartners.

3. Persons specified regarding 1 this Article shall bring payment for acquisition, creation, content of property public, routine maintenance and overhaul repairs of the capital construction projects relating to property public and located in borders of the territory of gardening or truck farming, for services and works of partnership on management of such property according to the procedure, established by this Federal Law for payment of fees by copartners.

4. The total annual amount of the payment provided by part 3 of this Article is established in the amount of, equal to the total annual size of the target and membership fees of the copartner calculated according to this Federal Law and the charter of partnership.

5. In case of not introduction of the payment provided by part 3 of this Article, this payment is collected by partnership judicially.

6. Persons specified regarding 1 this Article having the right to participate in general meeting of copartners. On the questions specified in items 4 - 6.1, 21, 22 and 24 parts 1 and parts 29 of article 17 of this Federal Law, persons specified regarding 1 this Article having the right to take part in vote in case of acceptance on the general meeting of copartners specified to questions of decisions. On other questions of the agenda of general meeting of copartners of person, specified regarding 1 this Article, in vote in case of decision making by general meeting of copartners of participation do not accept.

7. Persons specified regarding 1 this Article have rights provided by part 3 of article 11 of this Federal Law.

8. Persons specified regarding 1 this Article have rights to appeal the decisions of bodies of partnership attracting civil consequences for these persons in cases and according to the procedure which are provided by the Federal Law.

Article 6. Conducting gardening or truck farming on the garden or garden parcels of land without creation of partnership

1. Conducting gardening or truck farming on the garden or garden parcels of land can be performed by citizens without creation of partnership.

2. Provision of the garden or garden parcels of land to the citizens specified regarding 1 this Article is performed according to the procedure, established by the Land code of the Russian Federation.

3. The citizens performing conducting gardening or truck farming without creation of partnership perform the activities in accordance with the legislation of the Russian Federation, including independently interact with public authorities, local government bodies and other organizations if other is not stipulated by the legislation the Russian Federation.

Chapter 2. Creation of partnership

Article 7. Purposes of creation and activities of partnership

The partnership can be created and has the right to perform the activities for joint tenancy, use and in the order limits by citizens by the property public which is in their common ownership or in general use set by the Federal Law and also for the following purposes:

1) creating favorable conditions for conducting by citizens gardening and truck farming (providing with heat and electrical energy, water, gas, water disposals, addresses with solid municipal waste, improvement and protection of the territory of gardening or truck farming, ensuring fire safety of the territory of gardening or truck farming and other conditions);

2) assistance to citizens in development of the parcels of land in borders of the territory of gardening or truck farming;

3) assistance to copartners in interaction among themselves and with the third parties, including with public authorities and local government bodies, and also protection of their rights and legitimate interests.

Article 8. Charter of partnership

1. In the charter of partnership are without fail specified:

1) name of partnership;

2) form of business of partnership;

3) location of partnership;

4) subject and purposes of activities of partnership;

5) procedure for management of activities of partnership, including power of bodies of partnership, procedure for adoption of decisions by them;

6) procedure for admission to membership of partnership, exit and exception of number of copartners;

7) procedure for maintaining register of copartners;

8) rights, obligations and responsibility of copartners;

9) rules of determination of the size of fees, procedure for contributing, responsibility of copartners for violation of obligations on contributing;

10) structure, procedure for education and power of audit committee (auditor);

11) procedure for acquisition and creation of property public of partnership;

12) procedure for change of the charter of partnership;

13) procedure for reorganization and liquidation of partnership;

14) procedure for provision to copartners of information on activities of partnership and acquaintance with accounting (financial) records and other documentation of partnership;

15) order of interaction with the citizens conducting gardening or truck farming on the parcels of land located in borders of the territory of gardening or truck farming without participation in partnership;

16) procedure for decision making of general meeting of copartners by correspondence voting;

17) the list of the questions carried to competence of general meeting of copartners on whom the decision of general meeting can be made by intramural and extramural vote or correspondence voting.

2. If general meeting of copartners makes the decision on possibility of decision making, the copartners carried according to this Federal Law to competence of general meeting, using electronic or other technical means, in the charter of partnership along with the data provided by part of 1 this Article are specified:

1) the list of the questions carried to competence of general meeting of copartners on whom the decision of such meeting can be made using electronic or other technical means;

2) procedure for decision making of general meeting of copartners using electronic or other technical means;

3) the partnership website on the Internet (in case of its availability), including with use of which are performed vote in case of acceptance by general meeting of copartners of decisions by intramural and extramural vote or correspondence voting using electronic or other technical means (except for votes by means of transfer of short text messages) and (or) placement of information on holding general meeting of copartners and its results, other website on the Internet or information system, used by partnership for the specified purposes;

4) procedure for storage and accounting of results of vote on the general meeting of copartners held using electronic or other technical means.

Article 9. Procedure for creation of partnership

The partnership can be created for the purposes, stipulated in Article the 7th this Federal Law:

1) citizens with the subsequent provision to partnership of the parcel of land which is in the state-owned or municipal property;

2) the citizens who are owners of the garden or garden parcels of land.

Article 10. Procedure for decision making about organization of partnership

1. The decision on organization of partnership is made by citizens (founders) unanimously on their general meeting by means of internal vote.

2. Before vote concerning organization of partnership of person, participating in meeting, shall elect by a simple majority vote the chairman at meeting and the secretary of meeting.

3. The decision on organization of partnership is drawn up in the form of the protocol of meeting which is signed by the chairman at meeting, the secretary of meeting and founders of partnership.

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