Relationships between members of a gardening non-profit partnership can be different. Often, various disagreements may arise between the participants, both personal and related to the organization or fulfillment of the obligations of a particular SNT participant.
Most often, most problems can be solved quite simply, but there are times when it is almost impossible to resolve a controversial situation on your own.
This most often happens when a conflict arises with the chairman of the partnership. It should be understood that the chairman has more obligations and also bears more responsibility than other participants.
In this regard, chairmen often do not fulfill their obligations fully or at all. It is also not uncommon for the chairman to begin to take advantage of his position and deliberately commit violations.
The position of the chairman of the SNT is elective and accountable. This means that each person understands exactly who the chairman is and can clearly track all his actions. If violations occur, it is necessary to react quickly and stop them as quickly as possible. If you cannot do this yourself, you must seek help from government agencies.
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SNT Board
For many Russians, a dacha is an integral part of life, and dacha plots are passed down from generation to generation. In order to make dacha farming and gardening more convenient, citizens often unite in SNT, because in this case, many additional advantages appear. The activities of such associations are regulated by Federal Law No. 66, which was published back in 1998.
To create an SNT, you must have at least 3 willing people. In the future, the number of participants in the partnership may increase, but upon creation there must be at least three citizens.
In accordance with the Federal Law, a gardening partnership is a non-profit organization that operates on the basis of a charter. The partnership also has its own governing body - the meeting of all members. At such meetings, participants elect a chairman and an audit committee by voting.
A horticultural non-profit partnership is a legal entity. Therefore, the date of creation of the SNT is the date of entering information into the Unified State Register of Legal Entities (USRLE).
The main document regulating the activities of a legal entity and containing all the basic information is the charter.
It must be drawn up with the participation of all members of the partnership. Changes to it can also only be made at general meetings.
The charter itself is most often drawn up according to one of the samples, although it is worth noting that in legal documents there are no clear rules regarding the preparation of the charter.
Sample charter of SNT.
Legislative documents contain only a list of mandatory items that must be contained in the charter. Therefore, when compiling it, participants should not be guided solely by the sample; they can include any necessary information if desired. The main thing is that this information does not contradict current legislation.
The main goal of creating SNT is to unite the efforts of participants to solve non-profit problems (social and economic).
The governing bodies of SNT are created to resolve emerging issues, and they also distribute the funds available in the partnership and control the general situation.
SNT structure
Most Russians own dacha plots, without which they cannot imagine life. To improve the organization of dacha farming, plot owners unite into partnerships.
To create an SNT, the participation of at least three people is required, but the number of participants is not limited and can grow.
Federal law states that a gardening partnership is a non-profit organization that operates on the basis of a charter. The partnership can hold meetings at which various decisions can be made and issues of concern can be resolved. They also elect a chairman.
The activities of the organization are based on the charter, which is drawn up by all participants of the partnership. Changes or additional clauses may be made to the charter, but this can only be done at SNT meetings.
The chairman can hold office an unlimited number of times, but his term of office is 2 years, after which a re-election of the chairman must be held at the meeting. Early elections can also be held; for this it is necessary to collect signatures of at least 20% of the partnership.
Before the meeting, each member of the organization must be informed about the event, and voting decisions are valid only if the number of participants in the partnership exceeds 50 percent.
Features of the election of the SNT board
The governing bodies of a horticultural non-profit partnership are elected at a general meeting of all participants by voting. The procedure for holding such meetings must be clearly stated in the charter of the legal entity.
Each such meeting is recorded. The minutes indicate information regarding the participants of the meeting, the purpose of the meeting, and also record all important decisions that were made at the meeting.
The protocol must be drawn up, it is certified by the signatures of the participants, as well as the seal of the SNT. This document is called “Minutes of the general meeting of members of the gardening partnership.”
All minutes of each meeting must be kept in the archives of the legal entity so that, if necessary, information about each of them can be found.
The form of voting at meetings is often secret, but can also be open. Information about this is also contained in the charter.
If the charter does not indicate anything regarding voting, then according to current legislation, it must be held secretly.
In addition, the law establishes a clear deadline for the elections of the new SNT board. In fact, the same citizens can remain managers, but voting must be carried out. The voting results must also be supported by documents, which are then stored in the archive.
The term of office of the SNT is two years, and it cannot be changed. In addition, the charter must clearly define how many participants will be included in the audit commission.
In turn, the leadership can be re-elected at any time. To do this, you must write an application addressed to the chairman of the partnership. For re-elections to take place, it is necessary to collect at least 20% of the partnership’s participants’ signatures.
If such an application is received, and all the formalities for its submission have been observed, then an unscheduled meeting must be held within 30 days at which the participants will elect new leadership.
The reason for holding unscheduled meetings may be not only the unsatisfactory performance of management, but also other circumstances. For example, the withdrawal of some participants from SNT.
SNT management must inform all participants about the unscheduled meeting and its purposes. Decisions at such meetings are most often made by the majority of participants. The meeting itself is considered legal only if more than half of the participants were present.
Powers of the board
First of all, it is worth saying that all important decisions in SNT are made collectively, so the powers of the board are not as great as it might seem at first glance.
Collective management of partnership issues is defined at the legislative level. For SNT managers there is a job description that limits power and influence.
In fact, the chairman of the partnership cannot make a single important decision on his own. A decision is considered important if it can affect the participants of the partnership in one way or another.
The work of the chairman and other officials of the SNT should be aimed, first of all, at implementing the decisions made at the meeting.
For example, if at a meeting it was decided to build a new road to a dacha cooperative, then the chairman must allocate the necessary amount, organize the work, and also supervise the construction of the road.
In addition, management must deal with other important issues. For example, planning the economic activities of SNT, drawing up estimates and reports, etc.
The powers of the SNT management are strictly limited by law, but in some matters they can be expanded if changes are made to the organization’s charter.
For example, the chairman will be able to make a number of important decisions without holding a meeting. But it is important to see the line between what is permitted by law and what is not.
How to buy a plot in SNT?
Is it possible to register in SNT, read here.
Read about registering a house in SNT as a property at the following link:
Rights and responsibilities of the chairman
The rights and responsibilities of the chairman of the board of SNT are clearly defined in Article 23 of Federal Law No. 66. The specified rights and obligations in this legal document are binding and cannot be changed or canceled. In addition to this document, the status of the chairman is determined by the organization’s Charter.
Let's consider the list of rights and responsibilities of the SNT chairman:
- Has the right to sign all economic and financial documents of a legal entity. It is important to know that you do not need powers of attorney or other documents to sign, just the status of the chairman is enough;
- Has the right to enter into various transactions on behalf of SNT;
- Must respect the interests of SNT and each participant;
- Must respond promptly to emerging problems.
Responsibility of the Chairman
If there are rights and obligations, then there is also responsibility for their failure to fulfill them. In cases where the chairman of the SNT does not fulfill his obligations, acts in personal interests, violates the organization’s charter or violates the law, then he may be held accountable.
Responsibility can be of several types;
- Material;
- Administrative;
- Disciplinary;
- Criminal.
Liability may vary depending on the violation or crime committed.
Filing a complaint
If people notice that the chairman is not acting in their best interests, breaking the law and causing damage to property and finances, it is reasonable to file a complaint. You should not immediately go to court if a conflict arises with the head of SNT. File a complaint with the prosecutor's office against the chairman in order to stop illegal actions and bring him to justice.
Violations that may make you want to go to court:
- fraudulent activities;
- spending contributions from citizens for other purposes;
- falsification of official papers;
- theft;
- actions that violate the charter;
- other (for example, non-compliance with fire safety measures, location of a public facility with non-compliance with standards and other actions requiring verification).
If participants are reasonably dissatisfied with the behavior of the representative, then they have the right to submit an application to the prosecutor's office. When you contact this authority, make an application with clearly stated data. It is necessary to indicate the facts on which the actions of the head were declared illegal. It is also worth attaching official papers confirming what people say.
Important! Citizens who go to the prosecutor's office or court may not have papers proving violations. In this case, the authority conducts an investigation with a number of examinations.
Before you think about how to apply, it's worth considering the following. The prosecutor's office deals only with serious cases, so a shortage of, for example, 100 rubles should not be considered in it. Also, you should not apply if there is no evidence of theft, the accusation is unfounded. Another thing is if there is a threat to the life and health of SNT participants, then you should contact the prosecutor’s office, as in the case of the other listed examples of serious violations.
Complaint to the Prosecutor's Office
First, let's try to figure out in what cases it is necessary to file an application with the Prosecutor's Office.
Any citizen can contact the Prosecutor's Office if his rights have been violated. You can also contact this body if a person has violated the law.
It is important to note that we are talking about a violation, not a crime. If a crime has been committed, then it is necessary to contact the Police, not the Prosecutor's Office.
Both the injured party and any other participant or witness to the violation can write such a statement to the Prosecutor’s Office. In the case of SNT, the application can be submitted by any participant, or by a whole group of partnership participants at once.
Now let's look at the list of reasons that are valid grounds for filing an application with the Prosecutor's Office:
- Waste of regular membership fees for personal needs or other purposes. The fact is that at general meetings, participants clearly determine where the available funds will be spent. If they are spent on other needs, then this is considered a violation;
- Any type of fraud at the expense of the position of chairman;
- Arbitrariness. As mentioned earlier, all decisions in the SNT are made collectively, so any serious decision made by the chairman personally is considered a violation;
- Creation of false documents or fraud with papers. All documents must be transparent; if this rule is not followed, then this is a serious violation;
- Violation of norms for the location of various objects. For example, if garbage is not removed, then the location for the dump must be clearly defined;
- Other actions that may be considered in light of a violation of the charter, the rights of participants or a violation of applicable law.
Complaint against the chairman of SNT: main reasons
Cases where the head of the board violates his duties and ignores the opinions of the participants must be suppressed.
The main reasons for which you should contact the prosecutor's office with a complaint:
- misappropriation of public funds and property;
- fraudulent activities;
- sole decision-making (if this is prohibited by the Charter);
- forgery of documents;
- other cases that violate the rights of participants in the gardening partnership.
Sample complaint to the Prosecutor's Office
An application to the Prosecutor's Office is not much different from others. It is drawn up in simple written form and is subject to the same requirements as other similar statements.
Let's look at the structure of the statement:
- Introduction. This section contains complete information about the authority to which the application is being submitted (full name, exact address). You should also indicate information about the employee of the Prosecutor's Office to whom this application is sent. After this, complete information about the applicant (passport details) is indicated, as well as contacts where you can contact him. If the application is submitted by several persons at once, it is necessary to indicate the information and contact details of each;
- Description of the current situation. After the “header” is filled out, the word “Statement” is written in the middle. Now it is necessary to describe the current situation in business language, making reference to exact facts and dates. First of all, it is necessary to write how the applicant is connected with a specific SNT. After this, you can begin to describe the current situation. It is important to indicate the exact date (or at least a time period), as well as justify the fact of the violation. This is best done by referring to documents or witness statements. It is important to understand that any accusation must be justified and have a “ground”, because otherwise, it will be a question of slander;
- Applicant's requirements. The statement stipulates that the Prosecutor's Office will carry out work to investigate the current situation. If a violation has occurred, the violator will be held accountable. The applicant has the right to present additional demands (for example, monetary compensation) based on the current situation. It is important to understand that the requirements must correspond to the violation; they cannot simply be made up;
- List of documents attached to the contract. These can be any documents that relate to a specific case. For example, signed papers in SNT, contracts, expert opinions, and so on;
- Signatures of all applicants and date.
Make a copy of this statement, it may be useful if you want to go to court in the future. This document will serve as evidence of the pre-trial proceedings.
More often than not, applicants are left with nothing due to lack of evidence. Therefore, it is very important not to rush, but to collect the maximum package of documents and testimony. In addition, the position should be clearly formulated. This is best done by making references to legal documents.
It can be quite difficult to figure out how to draw up and submit an application on your own, so before going to the Prosecutor’s Office, it is best to consult with a qualified lawyer.
Sample complaint against the chairman of the SNT to the Prosecutor's Office.
The process of filing a complaint against the chairman of the SNT to the prosecutor's office
There are no special rules for filing an application to the prosecutor's office against the chairman. The main criterion is the correct, consistent presentation of information. When writing a complaint, the text should be divided into three parts and the following information should be indicated:
- Introductory part . In the upper corner, write down information about who the complaint is being sent to (authority, official), then indicate information about the applicant (full name, address, telephone number, email, etc.), and the name of the document (Application) is written in the center.
- Main part . Here the whole essence of the problem is indicated, indicating the name of the partnership, the full name of the chairman of the board of SNT. The complaint must be drawn up correctly, without errors, referring to the evidence base.
- Final part . You should indicate information about the desired solution to the problem (prosecute, remove from office, etc.)
Copies of supporting materials (photos, videos, witness statements, etc.) must be provided with the application. The originals are provided upon request of the investigation later.
You can submit a complaint in one of the following ways:
- When contacting the prosecutor or his assistant in person . This method is preferable, because at the reception you can discuss all the nuances and clarify the timing of consideration.
- Send the package of documents by mail . At the same time, issue it as a registered letter with notification to confirm the fact of receipt of the documentation by authorized representatives.
- Send a letter with attachments to the email address of the regional department or use the online reception form on the website of the Prosecutor General's Office of the Russian Federation. You can find contacts for a regional unit through your browser's search engine by specifying the region and name of the authority in the request.
The applicant will be notified about whether the complaint has been accepted or not, as well as if it is necessary to extend the period for consideration of the case, through the contacts specified in the application.
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Article source: https://zakonguru.com/zpp/predsedatel-snt.html
Statement of claim against the chairman of SNT in court
A claim against the chairman of the SNT is most often filed in cases when it comes to inflated membership fees, infringement of the rights of participants, or illegal actions of the chairman.
Before filing a claim, it is necessary to conduct pre-trial proceedings. A meeting needs to be held to discuss this issue.
If it was not possible to resolve it at the meeting, then you can safely turn to the judicial authorities. The minutes of the meeting must be attached to the statement of claim.
The application must be submitted to the district court at the location of SNT. In cases where SNT is located at a great distance and does not have an exact address, the claim should be filed in the district court at the place of registration of the legal entity.
When should you contact the prosecutor's office?
Any citizen can file a complaint with the prosecutor's office in case of violation of his rights or possible violations of the law by one person or another. Of course, in case of crimes, you need to contact the police, but in cases of non-compliance with the law by organizations or responsible persons, you need to contact the prosecutor's office.
Moreover, both the directly injured party and a witness to the incident can write a statement. In the case of SNT, even a whole group of citizens who are its members can contact the prosecutor’s office.
Reasons for filing a complaint with the prosecutor's office may include:
- Waste of membership fees or earmarked funds for completely different needs;
- Cases of theft;
- Fraud due to the position of the chairman of the SNT;
- Arbitrariness. This point was not introduced in vain, because the chairman of the SNT is obliged to listen to the decisions of the meetings, as well as implement them;
- Fraud with documents and creation of counterfeit papers;
- Violations of the rules for the location of various objects or their use for other purposes, including the illegal location of landfills or public facilities;
- Other actions that require verification or investigation to identify the full nature of the violation.
It is also worth noting the fact that many violations may pose a danger to SNT members in the future. That is, for example, knowingly illegal savings on fire safety or electricity standards can lead to dire consequences. It is for this reason that it is necessary to stop violations in order to avoid further losses or damage to each of the members of the partnership.
Sample statement of claim
The statement of claim must be made in writing. It is also necessary to make copies of this application for each participant (including for the court).
Let's look at the structure of the claim:
- Full name of the judicial authority where the application is submitted. It is also necessary to indicate the exact address of the court;
- Information about the plaintiff. Indicate full name, date of birth, registration and contact information. If an application is submitted by several citizens at once, information about each is indicated;
- Information about the defendant. It is necessary to provide the most complete information, which includes not only personal data, but also the position of the defendant;
- Statement of requirements;
- Cost of claim. It is necessary if the claims involve monetary compensation;
- A statement of the situation on the basis of which the plaintiff puts forward his demands;
- List of attached documents. Once again, it is worth noting that among these documents there should be a protocol on the meeting regarding this issue.
Sample statement of claim against the chairman of SNT.
It is important to understand that a well-written statement is one of the most important factors in winning a case. Therefore, you should approach the preparation of the application as responsibly as possible.
It is strongly recommended that you make as many references to legal documents as possible, as well as provide accurate information.
