Chairman of SNT: responsibility
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According to the new law, as well as under the old legislative act, the chairman is responsible for the proper condition of the objects located within the territory of the gardening partnership. He acts on behalf of the head of the legal entity.
As a rule, the liability of an authorized person arises from violations established by law. So, if the powers of the chairman are exceeded, he bears administrative, civil or criminal liability , depending on the severity of the crime.
Rights of partnership participants
Each participant in the partnership has a number of opportunities, and the main one is participation in resolving common issues, since situations are discussed only collectively and through common activities. The chairman cannot limit the rights of participants.
It should also be noted that the chairman cannot act alone when making decisions. Its activities are directed towards the implementation of those ideas and plans that were approved exclusively by a general decision of the members of the SNT. Only the charter fixes the powers of the chairman, and only a participant in the partnership can expand them.
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Responsibilities
The powers of the head of a gardening partnership are discussed in detail in Article 19 of Federal Law-217 dated July 29, 2017. The latest version of the draft came into force on January 1 of this year, 2021. Responsibilities of the Chairman of the SNT :
- attends meetings of the organization’s board as an authorized person;
- signs a financial document that is not subject to mandatory approval by the participants of the gardening partnership, in accordance with its charter;
- certifies with his signature the documents of the partnership, including those approved at the general meeting;
- takes an active part in transactions, opens and closes bank accounts, and also performs other legally significant functions;
- bears responsibility for hiring employees to work for the partnership on the basis of an employment contract (acts as the employer in this agreement);
- is engaged in issuing powers of attorney, but is not vested with the right of substitution;
- acts as a representative on behalf of the partnership in government bodies and in relations with other persons;
- deals with applications from community members on various issues.
In addition to the above, the responsibility of the head of the partnership also extends to other actions, in accordance with current legislation.
Election of the Chairman
The new law made certain changes to elections. Federal Law-66, which has now lost its force, allowed this process to be regulated by statute. Elections for the chairman of the SNT under the new law of 2019 are held at a general meeting. Its members elect a leader by majority vote. Moreover, it is allowed to use both direct secret and open voting. The decision on the form of elections is made by convening the same general meeting. It is prohibited to establish other rules regarding this issue in the charter.
Federal Law 66 allowed for any period of tenure of a manager in his position. According to Law No. 217, the maximum period is 5 years . However, his early re-election is possible by convening an extraordinary general meeting. New elections are organized if 1/5 of the participants vote for them.
How to submit a document and when to expect results
There are several ways to send an application to the prosecutor's office.
Remember! The following options include:
- personal appeal. You can get an appointment directly with the assistant prosecutor or the prosecutor himself. This will allow you to immediately receive an approximate explanation of the situation and find out the exact time frame for consideration of the complaint. There will also be an opportunity to personally communicate with the prosecutor, providing him with information and explaining the proposed arguments,
- sending a letter by mail. Here it is important to issue a registered letter with notification so that there is a fact confirming receipt of the letter. From this moment the period for the prosecutor to make an appropriate decision on the complaint will begin,
- Internet using. It is allowed to use electronic resources, namely the website of the prosecutor's office. However, this option is considered the least preferable.
Lawyers advise using only the first two options, since here there is a greater chance of timely acceptance of the application.
The time frame for consideration of complaints that relate to unlawful actions of the chairman of the partnership will vary, since such a situation requires investigation and study of the information provided. Accordingly, the period of time that the prosecutor can spend on resolving the situation can reach up to one month.
From the moment the prosecutor’s office receives the application, regardless of which method of filing it was used, no later than three days the applicant must receive a notification that the complaint has been accepted, rejected or has been redirected within the jurisdiction.
If during the course of the investigation it becomes necessary to extend the period of work, the applicant will also be notified of this.
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Change of chairman
Most often, members of the partnership have a desire to re-elect the chairman due to his failure to fulfill his powers within the framework of his position. For example, he does not carry out the tasks assigned to him, does not pay attention to the demands of other members of the organization, allows himself to be rude and boorish, and abuses his duties. Among the more serious reasons are forgery of documents, spending money from membership fees for the sake of one’s own interests, and misappropriation of common property.
According to the law, participants in a gardening partnership have the right to re-elect a chairman without any problems.
Step-by-step instructions for changing the chairman in SNT in 2020 :
- Select several people to create a group charged with resolving this issue. They carry out campaigning, keep minutes, post notices of appropriate content and perform other characteristic actions.
- Select a worthy candidate from among the members of the partnership who will take the place of chairman.
- Decide on the date of convening the general meeting, at which the issue of changing the head will be raised.
- Make a request in writing addressed to the current chairman to hold the training camp. The delivery of the letter is endorsed.
- Two weeks before the general meeting, post notices about the upcoming meeting indicating the agenda.
- Hold a general meeting, during which the powers of the current chairman are terminated by voting, and a new manager is elected (in the same way).
The decision to change the manager is recorded by changes in entries in the state register.
In difficult cases, the procedure for changing the head of the SNT is preceded by an appeal to the judicial authorities.
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.
Chairman's salary
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A horticultural non-profit partnership is a legal entity. The chairman is his hired worker, therefore his activities must be carried out on the basis of an employment contract. The employee must be paid a salary. But this is a non-profit organization and it exists through membership fees. Where does the salary of the SNT chairman come from under the new law ? That's right: from the same membership fees.
The salary of the director of a gardening partnership is set at a general meeting. But it cannot be lower than the minimum wage. From January 1, 2021, the minimum wage for the working population is 11,280 rubles.
Pre-trial conflict resolution
Not all situations related to violations on the part of the chairman may entail an appeal to the prosecutor's office and further detailed investigation of the case. Some chairman mistakes are made due to workload, inattention, or other human factors. Accordingly, it is permissible to use such a means as pre-trial dispute resolution, that is, a settlement agreement.
When it comes to signing and drawing up new documents, obtaining certificates or other papers, there is no point in contacting the prosecutor's office. You can come to an agreement, avoiding a lot of problems.
For example, you need to obtain a certificate from the chairman of the SNT stating that the person lived on the site during a specific period. This requires a statement, but the chairman assures that there is none. You can simply write a second application and receive a certificate immediately.
Some situations, although they do not require the involvement of the prosecutor’s office, still force them to turn to lawyers. More often this happens to heirs who, for some reason, cannot occupy the land received after the death of a relative.
How is debt on contributions to SNT collected?
The chairman refuses due to the fact that the notary refused when registering the inheritance, but a lawyer brought in from outside will be able to resolve the situation in favor of one of the parties. If a lawyer says that a person can use the site, but the chairman still refuses, then you can contact the prosecutor’s office.
