Is it true that it is forbidden to breed poultry and cattle on garden plots?

Recently, information appeared in the media about the ban on breeding farm animals, including chickens, on garden plots. The reason was the publication of the “Russian newspaper” that the Supreme Court of the Russian Federation confirmed the ban on keeping chickens and other agricultural animals on gardening lands. For violation, summer residents face a large fine.

What’s the story?

Specialists of the State Inspection of the Volgograd region for the use and protection of land found a chicken coop on the site of a resident of Volgograd. It was located on land intended for gardening. According to the law, such lands can only be used for recreation and/or growing crops for their own needswith the right to place garden and residential buildings, as well as outbuildings and garages on them.It is also allowed to place hives on them (with the consent of neighbors and subject to the Veterinary Rules for keeping honey bees…»). But poultry and livestock can be started on plots that belong to a personal subsidiary farm.

The inspectors concluded that the woman, having placed the chicken coop on the garden plot, used the land not for its intended purpose. And this is an administrative violation, for which a resident of Volgograd was issued a fine of 10 thousand rubles.

The woman did not agree with bringing to administrative responsibility and appealed to the court. She passed all the judicial instances, reaching the Supreme Court. However, even there she could not prove her case. The Supreme Court ruled that the woman used the land plot not for its intended purpose and was reasonably brought to administrative responsibility.

Is it true that by its decision the Supreme Court banned the keeping of chickens on garden plots?

There is indeed a ban on breeding chickens and other farm animals on garden plots. But it was not introduced by the Supreme Court, he said АиФ.ги lawyer Sergey Kormilitsin.

“There has always been a ban on breeding chickens and other agricultural animals on the lands of garden associations, this contradicts the purpose of the lands. The Supreme Court simply made a decision and confirmed the decisions of the lower courts, which approved the fine against the citizen.Such a decision of the Supreme Court itself does not create obligations for other citizens, a specific case was simply considered here. The Supreme Court expresses its opinion on a particular issue through the decisions of the Plenums, and not through the rulings on specific cases, ” the lawyer explained.

Can I be fined for chickens on a garden plot?

Yes, for breeding agricultural animals on land intended for gardening, they can be fined, but a citizen can challenge such a fine, says Kormilitsin.

“If another person raises chickens, he can also be fined. But he can challenge the fine. Success will depend on the specific circumstances of the case. The court can cancel the fine or simply express a different position, ” the lawyer notes.

What is the penalty for breeding chickens on a garden plot?

For breeding cattle and poultry on a garden plot, they can be brought to administrative responsibility under Part 1 of Article 8.8 of the Administrative Code of the Russian Federation (“Use of a land plot not for its intended purpose in accordance with its belonging to a particular category of land and (or) permitted use”). It provides for a fine for citizens in the amount of 0.5 to 1 percent of the cadastral value of the land plot, but not less than 10 thousand rubles. If the cadastral value of the plot is not determined, the fine for citizens is from 10 to 20 thousand rubles. 

Sources:

“Rossiyskaya gazeta”

Bank of Judicial Decisions

Code of Administrative Offences of the Russian Federation

Источник aif.ru

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