Sadovy gon: will the shops in dachas be closed
Members of gardening associations across the country became concerned about the news about the adopted law, which, as reported by the media, from September 1 will prohibit doing business on the territory of the farm. This was clearly perceived by many: all legal stores where summer residents buy food will be closed. However, in fact, the document turned out to be technical, and there are no such innovations. However, this does not negate the need to regulate the work of entrepreneurs who have opened a business on the lands of gardening non-profit associations. Izvestia dealt with the situation.
Why are there rumors about a ban on business in a farming co-op
Over the weekend, various media outlets published headlines stating that from September 1, summer residents would be banned from doing business in the village. The news was about amendments to the law "On Gardening and gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation." The document was published at the end of last week on the official portal of legal acts.
It was claimed that the law would prohibit gardeners from opening hostels, warehouses, car repair shops and other businesses on their plots from next month, leaving only the right to sell crops from their cottages grown without the involvement of hired workers on an area of no more than 50 acres. The summer residents were warned that they had only 20 days left to "get rid of signs of commerce on the plots."
Many people were worried about this news: allegedly, the shops that are now located within the garden associations could also fall under the new ban. Moreover, the Federal Register has already clarified that it is forbidden to build "a small shop, an auto repair shop or a car wash" on horticultural plots, as this "contradicts the intended purpose of the land."
Will the law change anything?
However, lawyers emphasize that the amendments to the law do not introduce any new requirements for doing business in the farming co-op. The head of the legal office of the Moscow Horticultural Union, Vahe Rybchenko, points out that it is incorrect to interpret this document as a "ban on business in the gardening co-op."
"The ban on business in garden plots has been in place for a couple of decades, albeit in a different form," he told Izvestia. — Now this wording is being slightly edited, but in fact nothing is changing.
Vahe Rybchenko emphasizes that the possibility or impossibility of conducting commercial activities in a farming co-op does not depend at all on the provisions of Federal Law No. 217-FZ "On Gardening by Citizens", which has been amended, but on the rules of land use, development and urban planning requirements in a particular territory. If it is possible to conduct commercial activities on a single land in accordance with the types of permitted use, then it is impossible to prohibit this by the law on horticulture.
Dinara Khakimova, head of the Legal Department of the Russian Horticultural Union, adds that any business activity on land plots is already strictly regulated by their intended purpose.
— This applies not only to gardening, gardening, but also to residential housing, industry, etc., — said the interlocutor of Izvestia. — Each site must be used within its intended purpose, which is specified in the Unified State Register of Legal Entities.
Are there many businesses in the SNT
Dinara Khakimova emphasizes that many gardening associations are now operating all year round — thus, the appearance of shops there has become a necessity. And there is an opportunity to legitimize such a store.
— If a business is already legalized on the territory of a farming co—op, then nothing will change in its relation, - the expert explains. — But the owners still need to check the type of permitted use: if you can only do gardening on the site, and there is a store there, then, of course, the documents should be brought in line with the requirements.
She added that the territorial bodies of Rosreestr can still carry out land supervision according to citizens' applications: if someone has placed their business in a farming co-op, employees leave, draw up an act and go to court.
Andrey Tumanov, chairman of the Moscow Horticultural Union, noted that at the moment horticultural associations live "most often according to concepts and good neighborliness": if your neighbor does not complain about you, you can do anything. By the way, the same thing happens in garage cooperatives. Moreover, Tumanov continues, it is not so easy to close a shop in a horticultural association.: this will inevitably lead to the indignation of the members of the cooperative, who often find it very important that this outlet be here. Garden associations are often located far from the city, and some, such as the Mshinskaya horticultural area in the Leningrad Region, reach the size of a city. Commercial activity is absolutely necessary there.
State Duma deputy Nikita Chaplin notes that the law has a clear wording "gardening and gardening for their own needs." And he emphasizes that the ban on business primarily concerns facilities that create inconvenience for neighbors: mini-hotels, car service stations or nurseries.
The deputy notes a lot of complaints from members of the village council about noisy "anti-cafe" baths or warehouses with round-the-clock truck traffic.
— According to our estimates, about 15-20% of plots in the Moscow region were used for commerce, from leasing to mini—production, - Nikita Chaplin told Izvestia.
Oksana Vasilyeva, associate professor at the Financial University and general director of the law firm, notes that historically there have been many illegal entrepreneurs in the farming co-op who use land plots intended for gardening for commercial purposes.: they are rented out, equipped with paid baths, cafes, shops, and sometimes residential buildings are built on such territories for sale.
— Legal entrepreneurial activity on the lands of farming co-ops existed on a limited scale, mainly in forms that did not directly contradict the intended purpose of the land, for example, for the sale of surplus agricultural products produced for personal needs. The volume of such legal activity is incomparable with the scale of the informal sector," she told Izvestia.
She recommends that horticultural entrepreneurs reorganize a farming co-op into a consumer cooperative: this form explicitly allows for joint production and business activities on legal grounds. She also calls for changing the type of permitted use of land plots so that commercial activities on them are not illegal.
"Everything that is forbidden has been banned"
Experts point out that the bill as a whole does not contain any legal novelties.
— These are just technical changes that were misunderstood. Legislators only lead to a single denominator of the wording in the normative act," emphasizes Vahe Rybchenko.
He noticed only one of the innovations in the law, which causes the lawyer to be perplexed, is the ban on the division of residential garden houses between owners.
Andrey Tumanov is sure that the 36-page law is needed only to check the box: "work has been done to improve legislation."
"This law allows everything that is already allowed and prohibits what is already prohibited," the expert comments. — And in fact, over the past 20 years, not a single legislative act has been passed for gardeners that would really have a serious impact on something.
Rosreestr told Izvestia that the amendments to Law No. 217 were made in order to "improve legal relations in the field of horticulture and horticulture for their own needs on an integrated basis." First of all, the terminology was unified, and ambiguous interpretation of individual provisions was excluded.
— Law No. 353-FZ does not provide for changes in the legal regime of garden plots. The possibility of using garden land plots for entrepreneurial activities is not provided for by Law No. 217-FZ and was not provided for before the adoption of Law No. 353-FZ," the department stressed.
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