Agrarian law. Transfer of a land plot by the owner to a cooperative (the most important)

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Agrarian law. Transfer of a land plot by the owner to a cooperative (the most important)

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16. Transfer of a land plot by the owner for rent to a cooperative

In paragraph 3 of Art. 38 of the Federal Law "On agricultural cooperation" refers to transfer of a land plot by the owner for rent to a cooperative. Such a transfer cannot be considered as a share contribution. A lease agreement is concluded between the tenant and the landlord, which is subject to registration in the prescribed manner locally with the land resources and land management committees.

Moreover, the lessors can be either an individual owner or a group of owners of land shares. It has been established that lease agreements for land shares are concluded for a period of at least three years. The specific rental period and payment terms are determined by the contract. In exchange for rent, the landlord may receive money, products or services from the cooperative. The area of agricultural land leased for agricultural production is not limited.

When transferring a land share for rent or use, land tax under an agreement with the owner may be paid by the tenant or user. When several agricultural organizations or peasant (farm) farms are formed as a result of the reorganization, production infrastructure facilities (workshops, garages, dryers, grain storage, warehouses, etc.), the services of which were used by all members (participants) of the reorganized agricultural organization, are not subject to division.

The list of these objects is determined by the decision of the general meeting of members (participants) of the reorganized agricultural organization. The cost of these objects is excluded from the value of the property distributed according to the property share contributions of members (participants) of the reorganized agricultural organization, and these objects are declared indivisible with the exception of the following cases when they can be divided in value terms:

1) if, due to the remoteness of an agricultural organization or peasant (farm) enterprise from production infrastructure facilities, it is not economically feasible for them to use these facilities;

2) if an agricultural organization or peasant (farm) enterprise has similar production infrastructure facilities and they do not need to use common production infrastructure facilities.

If at least 51% of the total amount of property share contributions attributable to indivisible production infrastructure objects is transferred to the share fund of one of the production cooperatives, the specified cooperative has the right to include these objects in its indivisible fund, subject to the acceptance of the remaining agricultural organizations or peasants (farm) farms formed as a result of the reorganization, with their consent, to become associated members of the cooperative and provided that these associated members are provided with the opportunity to use these facilities on a contractual basis.

Author: Zavrazhnykh M.L.

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