We deal with the sensational news that it was forbidden to keep chickens on the plots
In the last month, on forums and sites dedicated to home farming and gardening, the news that chickens should not be kept in dachas has been vigorously discussed.
The authors, who write according to the principle “I heard the ringing, but I don’t know where it is,” argue that everything - now poultry farms will receive super-profits, because people will not keep chickens. It's funny to read this, but after all, someone believes such "experts".
In fact, it should be said that this story has been going on since 2017. It was then that the neighbors of a resident of the Volgograd region wrote a statement that she kept chickens in a chicken coop, which was built on a site that was intended “for gardening”. They were not satisfied not with the fact of breeding birds, but with the fact that there was an unpleasant smell around the site, there was a constant mess, flies and rats.
The landowners went to the site to verify the complaint, everything was confirmed and an administrative protocol was drawn up under Art. 8.8 hrs Administrative Code of the Russian Federation, which was considered by the land workers themselves and imposed a fine of 10,000 rubles. But the mistress of chickens and ducks did not agree with him and went to court.
She insisted that there was no prohibition on keeping poultry in the SNT charter, it was stated that each member of the SNT has the right to independently manage on his site, if it does not harm. The woman also insisted that she placed all the buildings according to the norms - no closer than 4 meters from the fence with neighbors.
But the court ruled that there was a violation of the permitted use for gardening and did not satisfy her complaint. Then the woman went further, to the regional court, but he did not go to meet her, leaving all decisions in force.
And so, the Supreme Court took place. And the solution is a little different from what everyone writes - to prohibit keeping chickens in SNT. No, the solution is to send the case to the district court to check many of the nuances that seemed important to the Supreme Court. The woman was not supported by the Supreme Court, but it also did not decide that chickens should not be kept. The point has not yet been set. It is necessary to wait for the results of the reconsideration, taking into account all the circumstances.
For example, the Supreme Court considers that in this case gardening is the main permitted use of the site. But there is still a conditionally permitted appointment and an auxiliary appointment, and these moments were not taken into account by the lower courts when making a decision.
If, nevertheless, there is a violation, then why was it not decided to demolish the constructed buildings for keeping poultry? That is, the Supreme Court has a desire to understand the issue thoroughly in order to create a precedent and work out a final decision on this issue. It's worth the wait.
Therefore, the topic is not completely closed and the owners of chickens should not let their livestock under the knife on the grounds that there is allegedly no permission. The main issue is that sanitary standards are observed and there are no obstacles for neighbors.
Here's a study on chickens. We have, of course, not SNT, but a village and the purpose of land - for personal farming and the construction of a residential building. Therefore, the topic interested me purely theoretically. I wonder how people can change everything just to write something.