Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

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

(as amended on 22-12-2020)

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 capital construction projects and the parcels of land of general purpose which use can be performed only for requirements satisfaction of the citizens conducting the gardening and truck farming (pass, journey, supply with heat and electrical energy, water, gas, water disposal, protection, collection of solid municipal waste and other requirements), and also the movable things created (created) or acquired for activities of gardening or gardening non-commercial partnership (further also - partnership);

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 which borders are determined according to documentation on the layout of the territory approved concerning this territory.

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 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

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) 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.

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.

4. In the decision on organization of partnership data on organization of partnership, approval of its charter, on procedure, the size, methods and terms of formation of property of partnership, on election (appointment) of sole executive body of partnership (the chairman of partnership), permanent collegiate executive body of partnership (board) and audit committee (auditor), opening of the bank account (bank accounts) of partnership are specified.

5. The decision on organization of partnership shall contain data on results of vote of founders of partnership concerning organization of partnership, about procedure for joint activities of founders for creation of partnership, about investment of one of founders with power of the applicant for the appeal to the body performing state registration of legal entities.

6. The number of founders of partnership cannot be less than seven.

7. From the date of state registration of partnership the citizens who made the decision on organization of partnership (founders) are his members.

8. Within a month from the date of state registration of partnership his members who acquired membership in partnership according to part 7 of this Article shall provide in writing to the chairman of partnership or other authorized board member of partnership of the data, specified in part 5 of article 12 of this Federal Law.

Chapter 3. Membership in partnership

Article 11. Rights and copartner's obligations

1. The copartner has the right:

1) in cases and according to the procedure which are provided by this Federal Law and the charter of partnership to obtain information on activities of partnership from bodies of partnership and to get acquainted with accounting (financial) records and other documentation of partnership;

2) to participate in administration of partnership;

3) voluntarily to stop membership in partnership;

4) to appeal the decisions of bodies of partnership attracting civil consequences in cases and according to the procedure which are provided by the Federal Law;

To give 5) to bodies of partnership of the statement (the address, the claim) according to the procedure, established by this Federal Law and the charter of partnership.

2. Copartners have other rights provided by the Civil code of the Russian Federation, this Federal Law and other regulatory legal acts of the Russian Federation.

3. Copartners have the right to get acquainted and according to the statement to receive for a fee which size is established by the decision of general meeting of copartners, certified according to the procedure, the stipulated in Clause 21 present of the Federal Law, the copy:

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.