Gardening, Vegetable Gardening and Horticultural Non-Profit Associations as Proprietors of real Estate (Amendments to the Civil Code of the Russian Federation)

Abstract

The article is devoted to the analysis of the Federal Law of May 5, 2014 no 99 FZ “On Amendments to the first part of Chapter 4 of the Russian Federation Civil Code and the Invalidation of certain provisions of the Russian Federation legislative acts”, which introduces to RF Civil Code the norms providing for a possibility enabling to form a legal entity as a partnership of landowners. Such a partnership relates to non commercial corporate organizations established landowners. The paper examines the definitions of the partnership of landowners and the subject status of its members. A special attention is drawn to forming partnership of landowners as to gardening, vegetable gardening and cottage economy. The author focuses in particular on the fact that the partnerships of real estate ownership may be set up only by the owners of land plots but the possibility to establish such a legal entity by the citizens owning land plots due to other rights is not provided. The author shows negative consequences of relating gardening, vegetable gardening and cottage economy and similar non commercial partnerships to the partnerships of real estate owners and justifies the reasons for inviability as to implementing these norms in some cases. The problems revealed 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 law of April 15 1998 no 66 FZ On Gardening and Cottage noncommercial Associations of Citizens and judicial practice. The research and examination of the Soviet legislation and applicable federal laws allowed making the conclusion that the alterations to RF Civil Code do not cover all the needs of the associations integrating garden and cottage owners. The results of the reform of the legislation on non-commercial organizations do not ensure the implementation of the objects specified in the Conception of civil legislation prepared under RF President's decree of July 18, 2008 no 1108 On Improving RF Civil Code.