If your neighbor's bees are bothering you: what to do, how to get rid of them

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.

Electricity in SNT: how should the payment system be structured?

First of all, it is worth deciding how the issues of organizing power supply in a gardening association should (ideally) be resolved. The main problem here is that SNT as a whole, at the point of connection to the “large” power grid, receives more electricity than the sum of the consumption of all its members, calculated based on the readings of individual meters. Why? The answer is simple - there are technological losses in SNT networks, there are expenses for general needs (lighting, for example) and there are (what can I say) cases of consumption “bypass the meter”, i.e. theft.

As a result, a difference arises between the readings of the meter at the “input” and the sum of the readings of all meters at the sites. And this, in turn, leads to the fact that SNT members have to pay more for electricity than provided for in the current tariffs for the population in the region. After all, all the electricity that was counted by the meter at the border of the SNT networks and the “big” power grid to which the partnership is connected must be paid for.

At the same time, SNT members (ideally) should be billed two amounts for electricity. The first is calculated based on the current electricity tariff in the region and the volume of its consumption according to the meter. The second is a special contribution to cover losses in the partnership’s networks and consumption for general needs (from it, in fact, the unaccounted consumption of electricity by unscrupulous members of the partnership is also paid for).

Read more about all this in our article: Inflated electricity tariffs in SNT: how can gardeners pay for network losses? But here we will fix the main thing: payment for electricity supply in SNT should be divided into two parts, the actual payment for electricity and a contribution to pay for losses in the networks. The legality of cutting off electricity to a member of the SNT depends on whether this procedure is followed by the gardening association or not. Actually, this is what we are moving on to.

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.

What to do if the gardening chairman is arbitrary?

In some cases, such documents may not exist; the prosecutor's office will conduct an investigation and order a series of examinations. When contacting the prosecutor's office, you must remember that this is a serious body dealing with important matters. You should contact them for minor issues (50 rubles are missing, I want to move the garbage dump, the chairman is a “thief” without evidence from the financial audit commissions, etc.) only after measures have been taken to resolve conflicts on the ground.

If there is a threat to the life and health of citizens, of course, you must immediately write to the relevant organizations. Pre-trial conflict resolution In a number of situations, both small and large disputes can be resolved locally. Sometimes chairmen, in the routine of daily affairs, may miss your statement from their attention or, simply, not understand.

Sometimes a number of conflicts are caused by the loss of archival documents, protocols, and other important business papers.

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:

How to protect yourself from your neighbor's bees

You can fight your neighbors’ bees for a long time, sending complaints to different authorities and waiting for their decision. At this time, being in your own area is still problematic, so you should think about how to get rid of insects yourself.

Typically, a bee sting does not cause serious health problems, but pain, swelling and redness bring some discomfort. In addition, there is a risk of developing an allergic reaction.

Think about your own protection!

To prevent bites you need:

• wear clothes without folds that could trap bees;
• choose light colors;
• do not make sudden movements trying to scare away the bees;
• do not crush the insect, because the substances released from its body will provoke aggression in other individuals;
• do not use shampoos and perfumes with a strong aroma;
• after swimming in a river or lake, dry yourself thoroughly;
• when attacked by a bee, run towards the shelter, pulling clothes over your face.

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.

At what distance can bees be kept from neighbors?

According to the rules approved by order of the Ministry of Agriculture of the Russian Federation dated May 19, 2016 No. 194, hives should be located no closer than three meters from the border of the neighboring plot. This distance may not be observed if a solid fence of 2 meters high is installed between neighbors.

In this case, the entrances (“doors” of the hives) should look towards the beekeeper’s yard, and not the neighbor.

You also need to take into account that direct sunlight has a negative effect on bees, causing aggression, so you can place hives only in the shady side.

Failure to comply with any of these rules is an opportunity to get rid of your neighbor’s annoying bees in your dacha.

Read more about maintaining the legal distance between buildings in the article: ““Measure seven times...”, or how to maintain the distance between buildings on your site and not offend your neighbor.”

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.

Your neighbor has bees - what to do legally

If your neighbors' bees behave peacefully, there is no need to pay attention to them, especially since their presence will only have a positive effect: thanks to regular pollination, the harvest will be better.

Article on the topic: “The neighbor’s chickens are ruining my life: how to get rid of them, responsibility”

But if your neighbor's bees constantly bite, this is a reason to talk to their owner and peacefully ask them to rid you of this problem.

In most cases, beekeepers come to their senses and rearrange the hives, but there are also neighbors who demand proof that it was his “wards” who bit him.

You don’t need to think about how to kill your neighbor’s bees, because if their owner proves your guilt, you will have to be punished.

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.

Grounds for filing a complaint against a neighbor

There can be many reasons and grounds for filing a complaint about the actions of neighbors.

Let's highlight several groups:

• unauthorized seizure of part of the site, construction of buildings in unacceptable proximity to the boundaries of the territory and other violations of property rights;
• burning or storing waste in a common area or on your site, draining wastewater, flooding of land and other environmental disturbances that impair soil fertility;
• problems arise in the use of easements or other public facilities.

A tenant using a land plot has the right, like the owner, to protect his rights of use violated by the actions of his neighbors by applying for protection to state and municipal 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.

Pros and cons of water heating systems

Any heating system has advantages and some features that you need to familiarize yourself with in advance so that emergency situations do not arise in the future.

The positive points include:

• all wiring around the house is brought into one place and connected to the boiler. This is much more convenient than installing a heater or stove in every room;
• moderate coolant temperature. With a maximum of 100°C, the battery temperature does not exceed +60°C, in a water floor system - no higher than +40°C. This prevents dust from burning and causing burns upon contact, and the heating of the premises is soft and comfortable.

Features of water heating in a private house include:

• preliminary installation of all pipework, which increases the cost of the resource;
• risk of coolant freezing in case of irregular or seasonal use. It is necessary to either drain the water during the absence of residents, or maintain heating during the cold season, or fill in antifreeze;
• risk of leaks.

The principle of connecting the system to the boiler

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.

Where to complain?

A conflict situation with neighbors often requires the involvement of authorized bodies. However, there are many special organizations. It is necessary to figure out which body the application needs to be sent to in order to get the desired result.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The right to appeal is given to all neighbors who live in the same building or neighboring apartment buildings. A prerequisite is legal residence in this premises. The applicant must have temporary or permanent registration.

The application can be personal or collective. When filing a collective complaint, you must list the details of all neighbors who signed it (full name, apartment number, signature).

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.

Legal regulation

At the moment, there have been some changes in the situation of gardening associations of citizens associated with the entry into force of the new Federal Law No. 217 in 2019. Management is now carried out not only by the chairman (Article 19), but also by a collegial body, the Board of the partnership (Article 18), as well as general meeting of SNT members (Article 17).

Federal Law No. 66-FZ of April 15, 1998 “On gardening, gardening and dacha non-profit associations of citizens”, which regulated the previously mentioned relations, has lost legal force.

In fact, the absence of a sole body transfers its powers to a collegial management body, that is, the Board, which consists of members of the partnership. This body initiates the election of a new Chairman, which is carried out at the General Meeting, that is, within the competence of the elected body.

Gardening and vegetable gardening partnerships are, in fact, non-profit organizations, therefore relations associated with them are regulated on the basis of the Civil Code of the Russian Federation (Articles 116 - 123). However, the Civil Code contains only general provisions, but the specifics of legal relations are enshrined in special acts, including Federal Law No. 217.

Attention should also be paid to the norms of the Labor Code of the Russian Federation that define the relationship of the Chairman as an employee and the partnership. Link to document:

Link to document:

How to make an application

Drawing up an application for the chairman to the prosecutor's office does not imply the application of special rules. There is no strict form to fill out. It is enough to follow the order of presentation of information and include in the document that information that allows the official to fully assess the situation and form an idea of ​​​​the validity of the accusations made. Conventionally, the text of the statement can be divided into three parts.

This includes the following:

• introductory part. Here a header is formed, which includes information about the authority and the official to whom the complaint is sent. This also includes information about the applicant himself. Indicate your full name, address, contact information, and so on. After this, the name of the document “Application” is written in the center;
• main part. First you need to indicate who the applicant is and against whom the complaint is being made. An indication of the specific partnership where the offender acts as chairman is required. The following sets out the circumstances that gave rise to the complaint. Events should be reflected in detail down to the date and time when the chairman committed actions that violate the interests of citizens. When indicating a specific violation, you must immediately make a reference to evidence confirming the fact of illegal actions on the part of the chairman. In such situations, it is often necessary to turn to lawyers who can give free advice and help with drawing up a complaint, since the document must convey the correct legal message, while being formulated competently and succinctly. If there are violations in the preparation of the complaint, the use of unacceptable speech patterns, etc., then the application will not be accepted;
• final part. The applicant must correctly formulate the requirements, that is, the result that he wants to receive as a result of the application. A complaint does not always imply the removal of the chairman from office; it may be a request to hold the person accountable, force him to fulfill an obligation, and so on. However, any claim must also be supported by reference to the evidence and circumstances stated above.

The complaint must end with the date of preparation and the personal signature of the applicant (or representative with reference to the power of attorney).

You should also remember about the attachment to the application. This is formed from information that will confirm the fact that the chairman of the SNT has committed a violation. Often such materials include testimony of witnesses, concluded but unfulfilled agreements, photos, videos, and other materials serving as evidence.

You should also remember that you need to attach copies; only during further proceedings may an authorized person require you to provide the originals.

You should make a copy of the application in advance, since if the prosecutor’s office does not resolve the issue, an appeal to the judicial authorities will be required. However, most cases initially fail to achieve the desired result because the complainants lack evidence that the chairman somehow violated instructions and exceeded his authority.

Therefore, first of all, you should prepare confirmation of the arguments put forward and remember that testimony alone is not enough.

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.

Watch the video. SNT problems:

Removal of the chairman from office

Termination of the chairman's work may be an option for punishment for violations committed.

Attention! A similar measure is applied in the following cases:

• failure to fulfill the duties assigned to a person, refusal to perform them or abuse of them, as well as the actions of the chairman not in the interests of the partnership;
• resignation from office at the chairman's own request;
• the absence of the chairman from the workplace for more than ten days, unless there is information about valid reasons;
• refusal by the chairman to issue the required documents to the members of the partnership;
• implementation of activities that damage the material condition of the partnership.

Other reasons for removing a person from office may also be determined. These are discussed and put forward directly at the general meeting of SNT participants.