Aleksey Butovetskiy1
  • 1 State Duma Committee Administration on Land Relations and Construction, 1 Okhotniy Ryad Str., Moscow, 103265, Russian Federation

Gardening, Vegetable Gardening and Hurticultural Non-Profit Associationsas Proprietors of Real Estate

2014. No. 4. P. 90–100 [issue contents]
The article is devoted to the analysis of the Federal Law of May 5, 2014 no 99 FZ “On Amendments tothe first part of Chapter 4 of the Russian Federation Civil Code and the Invalidation of certain provisionsof the Russian Federation legislative acts”, which introduces to RF Civil Code the norms providing for apossibility enabling to form a legal entity as a partnership of landowners. Such a partnership relates to noncommercial corporate organizations established landowners. The paper examines the definitions of thepartnership of landowners and the subject status of its members. A special attention is drawn to formingpartnership of landowners as to gardening, vegetable gardening and cottage economy. The author focusesin particular on the fact that the partnerships of real estate ownership may be set up only by the ownersof land plots but the possibility to establish such a legal entity by the citizens owning land plots due to otherrights is not provided. The author shows negative consequences of relating gardening, vegetable gardeningand cottage economy and similar non commercial partnerships to the partnerships of real estate ownersand justifies the reasons for inviability as to implementing these norms in some cases. The problemsrevealed are supported with the research of the historical development of the legislation on gardening,vegetable gardening and cottage economy under the applicable provisions of the RF land code, the lawof April 15 1998 no 66 FZ On Gardening and Cottage noncommercial Associations of Citizens and judicialpractice. The research and examination of the Soviet legislation and applicable federal laws allowedmaking the conclusion that the alterations to RF Civil Code do not cover all the needs of the associationsintegrating garden and cottage owners. The results of the reform of the legislation on non-commercial organizationsdo not ensure the implementation of the objects specified in the Conception of civil legislationprepared under RF President’s decree of July 18, 2008 no 1108 On Improving RF Civil Code.
Citation: Butovetskiy A. Gardening, Vegetable Gardening and Hurticultural Non-Profit Associations asProprietors of Real Estate (Amendments to the Civil Code of the Russian Federation). Pravo. ZhurnalVysshey shkoly ekonomiki, no 4, pp. 90–100.
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