The history of the creation of such a concept as a “Household Book” dates back to the pre-war years, when, by order of local authorities, information about the presence of farm animals and cattle at each yard located on the territory of a particular town or village had to be entered into a certain book. .
Naturally, with the advent of new times, modernity has slightly changed the rules for filling out and issuing such documents, while maintaining the essence of their purpose.
What a household book is today and why it is needed will be discussed in this information material.
Legislative regulation of the issue
Download Order No. 345 of the Ministry of Agriculture of Russia, which regulates the rules for maintaining and filling out, and also contains a sample form of an economic ledger.
Initially, this document was needed by local authorities for some control over the agricultural activities of citizens and the collection of taxes.
So, the more livestock a family had (birds, cattle, apiaries), the higher the amount of money that the villagers had to give to the authorities as a tax became.
Today the situation has changed somewhat, although it is noted that the presence of a household register at each village council is a mandatory requirement of the state, which is spelled out in the current Federal Law “On Personal Subsidiary Farming” .
Settlements will receive subsidies for maintaining electronic household books
Subsidies are provided if such software is available and funds are available in the settlement budget for these purposes in the amount of at least 35% of the cost of the service. The right to receive financial assistance are those settlements in which at least 90% of the total number of personal subsidiary plots are included in the electronic household ledger. Applications for subsidies must be submitted to the selection organizer - the Department of Organizational Work and Interaction with Local Government Bodies of the Lipetsk Region Administration - before February 21.
The head of the administration of the Lipetsk region, Oleg Korolev, approved the procedure for providing subsidies from the regional fund for co-financing expenses to the budgets of urban and rural settlements for the purchase of services to support electronic household accounting with network software for 2013.
Information contained
The document in question should currently contain the following information :
- Availability of cattle, birds and other living creatures by a citizen (villager, private entrepreneur, farmer);
- Does the citizen (his family members) have land plots for personal agricultural work;
- Availability of an apiary (the number of hives is indicated);
- Does the villager own buildings (except for a residential building): farms, barns, other buildings;
- Does the citizen own any equipment (here it is necessary to indicate both the presence of conventional vehicles and agricultural equipment: tractor, combine).
As for why it is necessary and why it is so important in modern society, we can highlight the following reasons:
- According to the data indicated in the household book, your animals are automatically registered at the nearest veterinary clinic at the village council or in the regional center, which ensures timely checks of your animals for the presence of life-threatening diseases;
- During legal difficulties and proceedings, in which one or another person wants to seize part of your property, including some part of the livestock, the court will definitely require the parties (parties) to provide the document in question.
Functions and purpose
Over the past 10 years, more than 1,000 household books have been created in cities and even large regional centers, because today there are many entrepreneurs who prefer to make money from agriculture: they are engaged in raising cows and bees, feeding bulls and pigs, and cultivating the land.
Generally speaking, we can outline the following functions of this reporting form:
- It also acts as a “sick” card. Farm animals can also get sick, and very seriously. Moreover, some of these same diseases can be dangerous to the health of others, including humans. The structure of the document contains a clause about whether vaccinations and injections were given in a timely manner, whether vitamins were administered, whether a veterinarian was called to the house and for what reasons;
- Maintaining such documentation allows local authorities to make annual reports on the number of subsidiary plots in their area, issue invoices for payment to villagers (taxes), and issue plots of land required by law (in their absence);
- It is an important component of regional statistics departments, which, based on the data received, publish information on the presence in the regions of the number of specific species of animals, the number of land plots that are leased (in personal cultivation), the number of legal entities that own farms and hundreds hectares of land (leased).
Among other things, the Ministry of Agriculture of the Russian Federation noted the following point: when purchasing or adding new units of animals to the farm, receiving land plots or housing by inheritance, a citizen is obliged to inform local government representatives about this within six months so that the executive secretary makes the necessary amendments to statistical reports. In case of violation of this rule, the villager faces administrative punishment in the form of a fine.
On declaring an extract from the household ledger invalid
Resolving the dispute and refusing to satisfy the claims, the court reasonably proceeded from the fact that the court decision from the Kushnarenkovsky District Court of the Republic of Bashkortostan dated. year, prejudicial facts were established that have legal significance for the consideration of this case and came to the conclusion that the plaintiff Dudukin V.F.
no evidence was presented that his rights were violated or could be violated by the disputed extract from the household register about Samigullin PP having ownership rights to the disputed land plot, neither in the statement of claim nor in the court hearing the plaintiff indicated how his rights were violated as owner of the land plot by the presence of the defendant Samigullin PP
of the disputed land plot in the specified amount.
In accordance with Part 2 of Art. 61 of the Code of Civil Procedure, the circumstances established by a court decision that has entered into legal force in a previously considered civil case are binding on the court. The specified circumstances cannot be proven and are not subject to challenge when considering another case in which the same persons participate.
On invalidation of entries in the household ledger
The legal relations of the parties and the law to be applied were determined by the court correctly, the circumstances relevant to the case were established on the basis of the evidence presented, the assessment of which was given in compliance with the requirements of Art.
67 of the Code of Civil Procedure of the Russian Federation, is set out in detail in the reasoning part of the decision, and therefore, the arguments of the appeal on the merits of the dispute considered cannot affect the correctness of determining the rights and obligations of the parties within the framework of controversial legal relations.
Taking into account the clarifications, he asked that the registration of L.K. be declared illegal. in a non-residential premises located at: *; invalidate the information entered in the household book N *, personal account no. in the report regarding the entry of information for 2010, 2011.
specialist of the Administration of the Krasnoyarsk rural settlement of the Omsk municipal district of the Omsk region, namely information about the ownership of the land plot, buildings and farm animals L.K.
; invalidate the certificate N * year issued by the administration of the Krasnoyarsk rural settlement of the Omsk municipal district of the Omsk region, containing false information about the residence of L.K.
at the address: *, and also that he had pigs in the private household plot *; invalidate the certificate of the right to inheritance under the law of N * year, registered in the register N *, issued by notary D. for farm animals: pigs in the amount of * (one hundred and fifty-seven) pieces, confirming the emergence of the right of common shared ownership for L.A.
; invalidate the certificate of the right to inheritance under the law of N * year, registered in the register for N *, issued by the notary D. for farm animals: pigs in the amount of * (one hundred and fifty-seven) pieces, confirming the emergence of the right of common shared ownership for K.V.
; invalidate the donation agreement for a land plot with cadastral number *, located at the address: *), concluded * between L.K. and K.V., and apply the consequences of invalidity of a void transaction; invalidate the donation agreement for a non-residential building - a veterinary block, with a total area of * sq.
m, with cadastral number * located at the address: *, concluded on November 25, 2009 between L.K. and K.V., and apply the consequences of invalidity of a void transaction; invalidate the donation agreement for a non-residential building Position N *, area * sq. m, with cadastral number *, located at the address: *, concluded * years between L.K. and K.V.
and apply the consequences of invalidity of a void transaction; invalidate the contract for the sale and purchase of a land plot with cadastral number *, located at the address: * concluded * between L.A. and K.V.; invalidate the purchase and sale agreement for a non-residential building - veterinary block. total area * sq.
m, with cadastral number *, located at the address: *, concluded on July 15, 2011 between L.A. and K.V.; invalidate the purchase and sale agreement for a non-residential building Position N * total area * sq. m, with cadastral number *, located at the address: *, concluded * year between L.A. and K.V.
; stop recording * in the Unified State Register of real estate and transactions with it on the ownership of L.A. for a land plot with cadastral number *, located at the address: * stop recording from * in the Unified State Register of real estate and transactions with it on the ownership of L.A. for a non-residential building - wind block, total area * sq.
m, with cadastral number *, located at the address: *; stop recording * in the Unified State Register of real estate and transactions with it on the ownership of L.A. for non-residential buildings Position N *, total area * sq. m, with cadastral number *, located at the address: *; recognize as F.S.D. ownership of * share of farm animals: pig livestock in quantity *; recognize as F.S.D. ownership of * shares of a land plot with cadastral number * located at the address: *); recognize as F.S.D. ownership of * shares of a non-residential building - veterinary block, total area * sq. m, with cadastral number *, located at the address: * recognize as F.S.D. ownership of ½ share of a non-residential building Position *, total area * sq. m, with cadastral number *, located at the address: *; recover legal costs from the defendants in equal shares.
In the cassation appeal of the representative Minnigalieva G.D. – Igdeeva M.M. The question is raised about the cancellation of the above court decision on the grounds that the court did not take into account the testimony of the head of the rural settlement. Giatova L.N. about what's in . The administration of the rural settlement made a decision to grant ownership to the ex-husband of G.D. Minnigalieva.
– FULL NAME7 and his family of the disputed land plot, which was in their possession and use, according to the household register; the court did not take into account the testimony of witness FULL NAME1 that entries in the household book were made annually and all entries were made in the name of FULL NAME7, and after the divorce of the spouses, in the name of G.D. Minnigalieva.
; the court did not take into account that the disputed land plot was provided to G.D. Minnigalieva. decision of the board of the collective farm named after. . from . year, which is recorded in the household ledger; the difference in the area of the disputed land plot indicated in the household register and in the extract from the book in the amount of 0.97 acres is not a significant basis for depriving Minnigalieva G.D.
ownership rights to a land plot, since she has been using the plot for more than 20 years, pays land tax annually.
From the case materials it appears that . Minnigalieva G.D. a certificate of state registration of ownership of the land plot was issued, land category: land of settlements, permitted use: for running personal subsidiary plots (household plots), total area. sq.m., located at: . (l.d.).
According to the state act on the right of ownership and permanent use of land No. presented to Sagadieva U.S. . year, by decision of the Turnalinsky village council dated . years for .
To run her personal subsidiary plot, she was given a plot of land with an area of \u200b\u200bfor lifelong inheritable ownership. The fact of the issuance of the specified state act to Sagadieva is confirmed by the data of the Book.
records of state acts on the right of ownership and use of land of the Turnalinsky Village Council of the Salavat District of the Republic of Bashkortostan (record for .).
invalidate extracts from the household register of the rural settlement Turnalinsky village council MP Salavat district of the Republic of Belarus from. year and from . year about belonging to the deceased.
year Full name 1 land plot area . square meters in . . cadastral number.
and exclude from the inheritance mass after the death of the full name 1 specified plot of land with a residential building and outbuildings located on it.
Household book
Sometimes you have to look for an ordered entry in several books that the secretary receives from the archives. They are given to him to search for data against a receipt. After the certificate is issued, the documentation is returned with the return of the receipt. In addition to the receipt, the issue is recorded in the issue journal. Thus, the authenticity of the received and issued title documentation is established.
The issuance of extracts and certificates occurs upon the application of citizens of the locality who apply to the administration or village council. Local government secretaries or other authorized persons who have undergone training provide information in the format established by regulations.
Thus, the information available in the household register does not correspond to the information about the characteristics, location, ownership of the land plot indicated in the extract from the household register No. dated DD.MM.YYYY, issued by the Administration of the Sechenovsky Village Council of the Sechenovsky District, which entails the invalidity of the disputed extract from the household register.
In order to determine the boundaries of the land plot registered by the plaintiffs, due to the fact that the plot was registered as previously registered.
In accordance with Federal Law No. 93-FZ, that is, documents for the land plot were received without surveying, the plaintiffs ordered land management work from NPO Ecos LLC.
During the survey and collection of the necessary documents for its implementation, the administration of the Sechenovsky village council of the Sechenovsky district issued extracts from the household register from DD.MM.YYYY No. No., No. confirming that the land plot is complex, consisting of two plots.
Source: https://uristtop.ru/roditelskie-prava/o-priznanii-vypiski-iz-pohozyajstvennoj-knigi-nedejstvitelnoj
Procedure
Based on the current legislation, the following procedure :
- The data is filled out by an employee of the local administration (on whose territory the settlement is located);
- The above-mentioned employee personally conducts a tour of the entire private sector once every five years in order to conduct an agricultural inventory;
- In addition to such a “walk-through” once every five years, the villagers themselves, as stated, must annually report on the replenishment of their farms or the expansion of household ownership;
- Only after all data has been approved and the information received has been processed, it is entered directly into the book, recorded by all government agencies and can be used (processing period: about a month).
It is impossible not to note a number of additional points that, according to the rules, must be disclosed:
- Last name, first name and patronymic of the owners of the farm, as well as persons who have the legal right to the listed property;
- The document must contain information about the persons who took the “farm” under a lease agreement (this could be a plot of land, a house, a building);
In 2014, household books will be maintained in electronic format in Kazakhstan.
ASTANA. February 6. KAZINFORM - The introduction of software for maintaining household books in electronic form throughout the republic is expected to be carried out in 2014. Chairman of the Agency of Statistics of the Republic of Kazakhstan Alikhan Smailov announced this today at the board of the agency.
According to him, the transition to electronic maintenance of household books will allow akims of villages and rural districts to reduce the labor intensity of maintaining household books, reduce the number of errors when akims enter indicators due to format and logical controls, fully automate the process of generating summary information for akims and increase the efficiency of its presentation , eliminate the manual entry of information by statisticians into the agency’s information system, provide an information basis for maintaining the Statistical Agricultural Register in order to improve the quality of agricultural statistics.
Storage rules
This document, frankly speaking, not so significant at first glance, belongs to the category of “special significance”. The household ledger should be kept exclusively in a fireproof safe, where important documents and accounting records are stored.
The storage process, by the way, includes the following features :
- The document must be located in the administration of a specific locality (village - in the village council, city - in the mayor's office);
- The person responsible for safety is the head of local government. By being negligent in “this” matter and allowing records to be damaged, the person responsible may be subject to criminal liability;
- The shelf life in the local administration is 75 years. After this period, the book is transferred for indefinite storage to the regional archive.
Who can use the document and how
As a rule, the household register is kept in the administration of each locality. Ordinary citizens cannot voluntarily demand that the administration issue a book, however, they still have the right to use the book.
ATTENTION !!! If necessary, every citizen of a locality can request an extract from the household register. This may be required, for example, if the title documents for the land or object have been lost.
In order to receive an extract, you must write an application (a sample can be obtained from the city administration) and indicate in it the specific address of the facility. Afterwards you need to send the paper to the administration and wait to receive an extract. Each issued extract from the household ledger is recorded in a special journal.
Electronic version
An electronic household book is a modern solution to many issues, a unique way to save time and is easy to use.
Thus, the Ministry of Agriculture decided to create an electronic system (database) in which all information about each of the citizens of the Russian Federation who owns a subsidiary plot will be stored.
The rules for its maintenance are similar, the only thing is that its renewal period is slightly higher than that stated earlier. This is justified by the large amount of information that first needs to be processed, approved, and only then transferred to the electronic system.
It is also noted that now every person can notify the state about the purchase of housing, land or an animal. It's very easy to do this:
- Go to the official website of the Electronic Household Book;
- Log in to your personal account (before this you need to register and wait until the administration confirms your identity);
- Among the available functions, select “Make an entry” and proceed to filling out a special form in which you can indicate changes in your farm using the “tick” method;
- After that, you just need to “save the changes” and send them for processing.
Sample of a household book
The book is a document drawn up according to strictly established rules in accordance with the order of the Ministry of Agriculture of the Russian Federation dated October 11, 2010 No. 345.
All pages in the book must be numbered , and their final number is reflected on the last sheet in a separate column. At the same time, you can’t just leave a number like that. It must be certified by an authorized official. After this, the household book returns to its usual form, is sealed and allowed for use.
The title page of the book contains its serial number , an indication of the settlement, the ownership of the lands by the administrative body and the purpose of these territories. Information is entered into the book after an inspection and tour of all houses within the territory subject to the administration has been completed. Such an inventory is carried out by a local government employee every 5 years.
The rest of the time , the information collected during the walk is verified and gradually supplemented . All changes noticed during this period are recorded in separate places in the book. The list of residents and those registered in specific houses is updated every year.
If the household ledger is under the jurisdiction of the district administration, then all settlements included in this district are indicated on the title page . The city requires the names of streets where the private sector is located. All information in the book, as usually happens, is entered in alphabetical order, which simplifies the procedure for finding everything you need.
In addition, information is entered into the household ledger not only about the holdings of private household plots , but also about leased and owned lands of various organizations. Every real estate must be registered and accounted for.
Also registered in the book are buildings that are separate from the settlement. A list of residents living in such houses is provided to the administration in special forms.
As already mentioned, it is possible to enter information through an electronic database . This is very convenient if the owner needs to provide information to a bank or other commercial organization. However, despite this, all data must be translated onto paper.
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