The Road to Calvary.

Tatiana Nefedova — Hereditary amateur beekeeper. Bees started even her father. Until 1990, he held the hives in the garden area. In force at the time the law permits it to do, and the authorities even called gardeners beekeeping. But every year it increasingly difficult to protect beehives from thieves, and all the neighbors demand to remove the bees, on the grounds that they allegedly sting, especially children. So whether it was in fact, is now difficult to establish. When the robbery and sidelong glances of neighbors was impossible to endure, Nefedova bee family moved to the infield in the city of Nizhny Novgorod region Pavlovsky.

Then his father died, and the bees took up Tatiana, fully devoting themselves to this difficult, but very interesting and useful case. Now on its apiary six families. All was quiet until Tatiana neighbor M.P.Kurdinu not offered to establish the exact boundary between belonging to them by right of ownership of land plots (the existing boundary is clearly prejudicial to the interests T.N.Nefedovoy). When good-neighborly relations is not difficult to solve this issue. But M.P.Kurdin not want to peacefully solve the issue, and went on the offensive and chose the most vulnerable place for Tatiana Nikolaevna — her passion for beekeeping.

To divert attention from the problems of differentiation of areas M.P.Kurdin On 18 December 2004 addressed to Pavlovsk City Court with a claim in which he asked to oblige T.N.Nefedovu remove the bees from their site, as they have repeatedly stung him and his wife , harming their health. The application was accompanied by two certificates issued in the name of M.P.Kurdina, that he was referring to the central clinic for the first time July 16, 2003 complaining of bee sting left ear and the right hand and the second time June 29, 2004 — on the sting century.

His wife appealed to the central clinic June 25, 2004 on the multiple stings by bees face, neck and chest. Help M.P.Kurdinu issued February 7, 2005, his wife — February 2, 2005 Both of them signed by the deputy chief physician at the patient care V.V.Abramovichem.

May 14, 2005 Pavlovsky City Court presided over by Judge ruled M.A.Schennikova clearly illegal decision: to oblige T.N.Nefedovu bee apiary away from the land. From a legal point of view of the judge’s decision does not hold water. His discussion with the legal positions will be beneficial to all beekeepers, apiary containing in home gardens.

The judge in the decision correctly referred to Article 304 of the Civil Code of the Russian Federation. It says that the owner (in this case the land owner M.P.Kurdin) may demand the elimination of all violations of their rights, even though these violations were not connected with deprivation of possession.

What broke T.N.Nefedova M.P.Kurdina rights by posting on the site of six hives apiary? Article 6 of the Federal Law «On private farms» on July 7, 2003 № 112-FZ is written: «For the ancillary services provided by the use and (or) purchased for this purpose land, house, industrial, household and other buildings, structures and facilities, including greenhouses and livestock, bees and poultry, farm equipment, inventory, equipment, vehicles and other property owned by the right of ownership or other rights to citizens, leading private farming. » As we see, the law allows to keep bees in the garden that made Tatiana, and to any restrictions on their rights is also applicable requirements of Article 304 of the Civil Code of the Russian Federation.

As shown spouses Kurdina to certificates difficult to determine where and under what circumstances, and whose bees (and perhaps wasps?) They have been stung. After all, once when stinging Kurdina claims to T.N.Nefedovoy did not show.

Federal law «On private farms» does not contain provisions for the number and order of placement of hives with bees on the land. At a resolution of the issue the judge has shown complete legal unprepared. In its decision, he referred to paragraph 7 of the Federal Law «On Beekeeping». Such a law does not exist, as the magazine «Beekeeping» enough reported (№5, 2005). Do not know about this judge is unforgivable.

The judge also referred to the decision on «Building Regulations Russian SNIP 2.30.97» dated January 1, 1998, paragraph 6.2, «Planning and construction of garden (summer), citizens’ associations and buildings.» What does this have to do with the document of private farms? The answer is simple — no. The legal relations in gardening and country associations of citizens are regulated by the Federal Law «On the horticultural, gardening and dacha non-profit associations of citizens» dated April 15, 1998 № 66-FZ, with subsequent amendments. The law of the Bees do not have a single word.

Can the normative legal acts to regulate the placement of hives with bees on a plot of private farming? Probably, this question sounds strange. When placing the hives is important to consider the biology of bees. With regard to the fight against their disease, to ensure the security of citizens and domestic animals, in this case the requirements set out in the regulations shall be subject to unconditional execution. From this point of view, as seen from the certificate issued by the State Veterinary Administration T.N.Nefedovoy Pavlovsky District, it contains an apiary in accordance with the «Veterinary-sanitary regulations the content of the bees», approved by the Ministry of Agriculture of the USSR BS April 23, 1970 (veterinary certificate available ).

It would seem that still need to confirm the legality of T.N.Nefedovoy apiary in the garden? The law permits keep bees? Enable. Veterinary-sanitary standards it complies? Follows. However, the chief Gosvetupravleniya Pavlovsky District N.K.Nenilin referenced in reference to the rules that have been canceled 15 December 1976 (from that time are new).

Requirements for the content of the bees are set out not only in the above-mentioned document. August 17, 1998 the Veterinary Department of the Ministry of Agriculture of Russia has approved instructions «On Measures to prevent and eliminate diseases, poisonings and the main pests of bees.» According to the instructions of the apiary should be placed in a dry, illuminated by the sun, protected from the wind, no closer than 500 meters away from the roads and railways, sawmills, high-voltage power lines, and 5 km from the confectionery and chemical industries, airports, military sites, radar, radio and television stations and other sources of microwave radiation. Territory stationary apiaries enclose fence (according to its height is not specified). Hives mounted on the stand at least 30 cm from the ground at a distance of 3-3.5 m from one another and 10 m between rows. Before tap holes equipped area of ​​0.5 x 0.5 m, the bodies of bees and debris from them are collected and burned. Bees are kept in serviceable hives painted in different colors, etc.

In addition, in 2002 the Inspectorate for beekeeping (Pchelopromom) of the Department of Animal Husbandry and Breeding, Ministry of Agriculture of the Russian Federation approved the instruction on the content of bee colonies and beekeeping organizations in the settlements and suburban areas. It pointed out that citizens and legal persons should include bee colonies at a distance from health care, education, preschool education, culture, which ensures the safety of people. Dwellings bees are in their families have no closer than 10 m from the boundary of land and is separated by a solid fence around the perimeter of a minimum height of 2 m. Otherwise, they should be separated from neighboring landholdings of buildings, structures, and notch forward to the middle area beekeeper. The owner of the land on which the grafted swarm may declare their property regardless of the time of detection.

If you follow these instructions, at the dacha place hives impossible. Now the majority of truckers owned 6 acres of land, on which stand the house and outbuildings. On the remaining area to place the hives are not closer than 10 m from the boundary of land impossible. If you put a solid fence at least 2 m, you will have forever to plead with the neighbors because of the shading almost half of their area. And it is strange clarification regarding swarms. So, if a swarm of taking off in front of the apiary owner, grafted on apple from a neighbor, the beekeeper loses ownership of the swarm. Recommendation to keep the bees at their summer cottage should be entirely attributed to the conscience of developers manual. This recommendation must comply with the federal law «On the horticultural, gardening and dacha non-profit associations of citizens». Thus, in legal terms, the instruction is clearly not worked.

But back to T.N.Nefedovoy. Bypassing the various agencies in the search for truth, Tatiana turned and FSUE «Nizhegorodskpcheloprom», where she was given an extract from an unknown person and when approved or accepted rules of placement of hives with bees in towns and villages and norms of beekeeping in personal property. The statement noted that the hive must be placed by the neighboring mezhey at least 10 m, in the fields and meadows of hives with bees must be removed from the roads by at least 20 m, if the distance is less, the bees need to fence a fence with a minimum height of 2 m. These rules apply for a long time. The territory under the apiary estate discharged given the fact that one bee colony requires approximately 30-40 m2 of land. In accordance with the regulations «On the norms of cattle in the personal property of citizens» living in rural areas, towns, workers’ settlements and other settlements may have personally owned animals (including bees). The number of bee families is unlimited.

In the Russian Federation such normative legal act really existed. Decree of the Presidium of the Supreme Soviet of the RSFSR «On the norms of cattle in private ownership — not members of collective farms,» ​​issued November 13, 1964 and approved by December 18, 1964 is now operational and we changed the laws for a long time and others. How can the person in charge did not know this and rely on obsolete legal acts?

Tatiana also appealed to the Pavlovsk trade and procurement centers of beekeeping, where she was given written advice: «For advice on theoretical and practical work with bees advised to consult Koshcheev Leo Kondratievich with special training on beekeeping, extensive practical experience, the publication of the developments in Well-les «Beekeeping». Acceptable L.K.Koscheeva involvement as an expert on the content of the bees in the local environment. «

L.K.Koscheev qualified expert in his expert opinion indicated that the apiary is composed of four families and two cuttings takes 4 weave. Hives are a range of 2 m from each other, perpendicular to a neighbor’s fence height of 1.6 m (from the extreme of the hive to the fence 2.5 meters). Between the fence and the deadline hive planted raspberry bush height of about 2 m. The bees in the apiary Carpathian breed. On medosbor they fly towards the Oka River, where a lot of honey plants, but not in the side of the house Kurdina as bees through the empty house «is not sweet tooth,» as wasps that like to visit the garbage. L.K.Koscheev concluded that the apiary T.N.Nefedovoy zootechnical condition corresponds to the content of the bees, and they are not dangerous to humans.

At the hearing Tatiana asked the judge to allow her to complete the construction of land between the solid fence height of 2 meters (or rather, part of it is already there). But the judge in this T.N.Nefedovoy denied and allowed to erect a fence mesh-netting height of 1.5 m. Question arises: whether the judge saw a live bee, if he knows what it is and how the size of this grid will be saved M. P.Kurdina from bees? In addition, we recall, the court ordered Tatyana Nikolayevna remove the bees from the area.

The situation may be T.N.Nefedovoy every amateur beekeeper, because there is no single legal act regulating relations in amateur beekeeping. Why beekeeping development in Bashkortostan? Because there the authorities care about beekeepers, including amateurs, no wonder in this republic and adopted a Law «On Beekeeping».

The decision of Pavlovsk City Court Tatiana appealed in the Nizhny Novgorod regional court, which overturned the decision. It has been several months, and she is waiting Pavlovsky City Court under the chairmanship of a judge to take a lawful decision. Let’s hope we do, that the judiciary in the Pavlovsk district of the Nizhny Novgorod region lives under the laws in force.

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