Posted 7 октября 2021,, 11:02

Published 7 октября 2021,, 11:02

Modified 24 декабря 2022,, 22:36

Updated 24 декабря 2022,, 22:36

Domestic animals in summer cottages: who will have to be cut first

Domestic animals in summer cottages: who will have to be cut first

7 октября 2021, 11:02
Фото: Авито
The ban on the breeding of farm animals and poultry in summer cottages has turned into a lot of small tragedies and a colossal number of questions in practice. Novye Izvestia tried to analyse what was not provided for by the law.

Irina Mishina

In the morning I woke up at the dacha from a loud child crying. In the neighboring area, it seems, all four children of Tatiana with many children were roaring at once. The reason turned out to be simple and tragic: at dawn the neighbors slaughtered the children's favorite pig, Tishka, and his mother, the pig, Frosya, was sold to the farm. The same fate befell the rabbits, with whom the children loved to play.

Домашние животные на даче часто любимцы детей, поэтому расставание с ними проходит болезненно.Домашние животные на даче часто любимцы детей, поэтому расставание с ними проходит болезненно.
Домашние животные на даче часто любимцы детей, поэтому расставание с ними проходит болезненно.

True, the children flatly refused to eat Tishka, so the meat was distributed to neighbors on SNT (gardeners' non-commercial partnership). For the chickens they had to come from Petelinka, while in panic they ran around the site, anticipating trouble with all their giblets. The reason for ridding neighbors of livestock and poultry was the decision of the Supreme Court banning the keeping of farm animals in summer cottages. Tatiana was threatened with a fine of unknown sizes: the cadastral value of her site was not determined, therefore, the amount of the fine could be as much as necessary.

The cause of the tragedy was a banal quarrel. Tatyana's rooster woke up the wife of the chairman of SNT (gardeners' non-commercial partnership) with his crowing in the morning, who with her family moved to the dacha for good since the beginning of the pandemic. Tatyana remembered everything: the smell from the pig, and the fact that chickens walk near the well and can bring a harmful stick into the water, and the fact that “they come here to rest, and do not listen to crows”. Even fresh eggs from laying hens and the offer to present a rabbit to her grandson did not appease the chairman's wife. Tatyana was threatened with a complaint to Rospotrebnadzor, the police, the Sanitary and Epidemiological Station and the Supreme Court.

The wave swept through the neighboring SNT: there people rebelled en masse against neighbors who hunted for breeding chickens, rabbits and even goats. True, the goats at the meeting got relief: their milk, grandmother Zina, was sold cheaply to all members of SNT (gardeners' non-commercial partnership). Because of this, the gardening comrades decided not to touch Baba Zina with the goats. The argument in the overwhelming majority of cases was one: smells and sounds, the source of which were the animals and birds located on the site. For some, they are favorite laying hens, for others - a fiend of hell, a source of noise, an unpleasant smell, and unsanitary conditions. In addition, with the onset of the pandemic, many moved to country houses for good, away from the covid infection. And the chairman said at the SNT meeting that the local Sanitary and Epidemiological Station had already purchased flying drones to track animals in their summer cottages.

We will remind: the Supreme Court of Russia on September 20 confirmed the ban on breeding farm animals, as well as chickens, in garden dacha plots. Violators of this prohibition face liability under Article 8.8 of the Code of Administrative Offenses of the Russian Federation: for individuals, this is a fine in the amount of 0.5% to 1% of the cadastral value of a land plot, but not less than 10 thousand rubles. If the cadastral value of the site has not been determined, then violating citizens will have to pay a fine of 10 thousand to 20 thousand rubles. The obligation of the owners to use the land in accordance with its intended purpose is spelled out in article 42 of the Land Code of the Russian Federation. It states that the lands of garden non-profit partnerships (SNT) and dacha non-profit partnerships (DNT) are intended for gardening and horticulture for personal purposes. It is impossible to engage in animal husbandry on the land plots of SNT and DNT - this was confirmed in its decision by the Supreme Court of Russia.

Even the most superficial analysis of the situation shows that animals on the plots are most often brought up by the most vulnerable people from a material point of view - pensioners, large families, for whom any additional income is a significant help. But there are other situations as well.

- “Mom has a dacha, 6 acres in SNT (gardeners' non-commercial partnership), where until recently there were no fences between neighbors. The former neighbors left, and their children sold their plots to immigrants from the friendly Central Asian republics. From that moment on, the calmness at the dacha ended. First I had to put up a fence, tk. comrades trod a path in my mother's toilet. Then they built a two-story house, brought their families. But the last straw was the rams, which they keep there and kill, hanging the skins on the fence to dry !!! While I was picking apples today, one poor lamb bleated heart-rendingly all over the plot. I have a direct psychotrauma. Well, this is some kind of barbarism! Where to complain or is it possible to kill animals and hang the skins closer to the neighbors in the country? "

- “The neighbors keep pigs at their parents, the stink is all over the street, and in the summer there are geese, the stench is 2 times more, it's useless to complain”.

- “According to the norms of SanPiN, it is allowed to kill animals only at specialized slaughterhouses. You can complain to the veterinary and sanitary inspection, to the local station for the fight against animal diseases SBBZH, it is unlikely that neighbors vaccinate animals and donate blood for tests. Huge fines will be issued, but I'm afraid after that there will be no good relations with neighbors. "

Country life is hard to imagine without animals. Many residents of the village, village, and summer residents have them. But according to the law, if you decide to engage in animal husbandry, you need to buy a land plot for individual housing construction (individual housing construction). Including for chicken coops, pigsties and other cowsheds. This is required by sanitary and epidemiological standards: the size of land plots for individual housing construction is much larger than in SNT. And accordingly, you need to register your business with the payment of taxes arising from this.

However, questions about animals have already begun to appear. They were forbidden to breed on an industrial scale in SNT and DNT (in garden and summer cottage associations), but it has not yet been fully determined what can be considered an industrial scale? If, for example, children have two rabbits, is it "industrial size" or just child's play? And where is the line? A dog with 5 puppies - is it a domestic animal or is it already an object of business? True, the lawmakers assure that with the active breeding of animals, the economy will inevitably grow and sooner or later will reach such a size when the violation of the law becomes obvious.

In addition, experts found several more contradictions in the ban of the Supreme Court.

Based on the experience of the cases that we had to deal with recently, the courts make an unambiguous decision: keeping birds and animals in summer cottages does not correspond to the intended purpose of the site. But the purposes of using the land plot in the SNT are not precisely defined in the law, and this gives rise to disagreements. Second, the amount of the fine is not limited if the cadastral value of the site has not been determined. My opinion is that the legislation contains too fragmented information on how to use a summer cottage. If animals are kept on the site for private purposes, and not for breeding, why is their keeping banned? After all, in general, you can reach a ban on keeping cats and dogs in summer cottages. Apparently, it is worth more clearly spelled out in the law: if animals are used for commercial purposes, for example, for the sale of milk, eggs, and so on, it is worth talking about illegal business activities. And such people need to register as individual entrepreneurs, self-employed and pay taxes. But if a large family feeds itself on the products that it receives from farm animals and birds, and the children just play with rabbits, what's wrong with that? In general, the Duma of the new convocation has something to work on in this matter”, - lawyer Lyubov Goncharova told Novye Izvestia.

There are a lot of strange, sometimes not widely announced bans for summer residents. That there is only one fine for unmown grass in the amount of 2 thousand rubles. And recently, at a meeting of SNT (gardeners' non-commercial partnership), they announced to us that now it is possible to collect dead wood. I had no idea that collecting it was forbidden for some unknown reason.

In this difficult situation for summer residents, there is still only one way left: to negotiate with neighbors, realizing that an undetected violation at some point can become obvious and cause a fine. At the same time, Rosreestr has been using unmanned drones since 2019 to detect a variety of violations at summer cottages. Fearing this, my neighbor with many children parted with the breadwinners, just in case. At the same time, the house remained intact, which one of the members of SNT (gardeners' non-commercial partnership) built on his site and rented it out for a hotel, more precisely, for a visiting house. For the brothel was built on the outskirts, far from the dacha of the chairman of SNT (gardeners' non-commercial partnership) and did not interfere with his wife. Although, if you look at it, it is also inappropriate use of summer cottage land.