Truckers in the country of 60 million, almost half of the population, and they are all voters. Before the election the authorities seek to solve the pressing problems of voters. Therefore, in the last days of August, the government submitted to the state Duma a draft Federal law on horticulture, gardening and suburban farming, and the authorities tried to present it as a breakthrough that will bring vacationers a lot of good and solve their problems.
photo: Gennady Cherkasov
In fact, it complicates the lives of the cottagers, but serious problems are not solved. Despite the fact that these issues – really a lot.
The current law was adopted 20 years ago. Its function is to regulate the lives of non-profit associations of owners of land – he did not perform.
He established rules to be followed by such associations, but did not give leverage with which these rules should be adhered to.
The law proceeded from the assumption that all land owners – the people are decent, honest and reasonable. They will pay dues, will not steal electricity, to move the fences, and if they choose presidents, will not deceive neighbors, spending public money on themselves and their needs.
The owners of the land were not such good people. Therefore, the garden and suburban partnerships of the last 20 years do not live according to the law, who as it turns out. The Chairman – there is something established. Where the Chairman is a thief, there is no life. Citizens suspect everything, shaking from hatred and at night go to shit neighbors.
Outstanding relationships between members of the country associations lead to the fact that within these associations are growing debts to suppliers of services are not fulfilled health requirements, are not put on the inventory of public land, not pay taxes and whatnot is not done. Therefore, the new law waiting for the advent of the levers, which quickly and effectively would force truckers to follow the rules. What was needed was not so much a law as a complete reform, which not only set the rules, but also forced them to comply.
The bill submitted to the Duma, neither the arms, nor reform. Introduces mostly cosmetic changes, partly mitigating the bureaucracy and legitimizing the existing realities.
And there is one important point which is ignored. This is the point about the bankruptcy of garden and country associations, Chapter IIX , article 37.
“Horticultural, ogrodniczego or country noncommercial Association according to the decision of the court may be declared insolvent (bankrupt).
The recognition of the horticultural, gardening or dacha community bankrupt by court attracts its liquidation.
In the event of bankruptcy of the partnership property and land for common use shall be transferred to the ownership of the former members of the partnership in proportion to the area owned by them garden, and garden or suburban areas, regardless of whether these persons are the founders of the partnership and the amount of their contributions. In this case these persons shall bear subsidiary liability for the debts of the partnership within the value of property transferred to them”.
What does this mean in practice?
In practice, this means that the new law is written in the interests of merchants, service providers for country partnerships. But not in the interests of gardeners.
Decent gardeners will now have to pay personal property and money for dishonest neighbors who steal electricity and do not pay contributions. That’s what it means.
Suppose a partnership owes for electricity. Usual story – debtors, “bugs” losses in networks. SNT does not pay the debt one year pays second. The debt accumulates. Distribution company delivers to the partnership in court. The court declares it bankrupt.
Read the story “On suburban partnership is approaching the end of the world”
The property of a partnership – transformer, poles, wires, land use areas, the trash – assessed and divided among all members. Everyone would get their share. But in fact gets nothing. Because how to separate the trash and the pillars of three hundred people?
However, it is believed that each member of the partnership received its share of the property and bears subsidiary liability for debts”. So he first sent the writ for a certain amount, and if he does not pay, it comes to bailiffs and take away personal property – a lawn mower, a TV, a hose – in favour of the supplier who owes obankrochennoj partnership.
This provision of the new law can be fruitfully developed.
For example, local authorities decide: SNT all roads should be paved. Your SNT can not collect on a hard surface the money? OK, then to you comes commercial company contracted by the local authorities, and pursuant to the decision of force scatters you have gravel. Then sues, the court finds that your SNT bankrupt, then – by the above procedure with the marshals.
Guess that’s the government making such a fun bill before the election? The only question without an answer. Everything else is clear. The cottagers are doomed, no questions.