Agrarian law. Sources of formation of cooperative property (the most important)

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Agrarian law. Sources of formation of cooperative property (the most important)

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18. Sources of formation of property of the cooperative

Law operates with the concept of "property", defining it as a complex object of legal relations.

Property - these are things, i.e., material objects, and the property rights of persons - participants in legal relations, namely, the rights of claim that constitute an asset of his property, as well as debts that constitute a liability. To carry out its activities, the cooperative owns, uses and disposes of property belonging to it on the basis of ownership, or uses property on other legal grounds.

Sources of formation of property of the cooperative can be both own and borrowed funds. At the same time, the amount of borrowed funds should not exceed 60% of the total funds of the cooperative. Article 128 of the Civil Code of the Russian Federation refers to the term "property" the following types of objects of civil rights: things, securities, as well as "other types of property, including property rights". Property is the main object of the right of ownership of citizens and legal entities. The requirement established by law, not to exceed the amount of borrowed funds of the cooperative by more than 60%, is a guarantee of the solvency of the cooperative and its independence.

The cooperative generates its own funds at the expense of share contributions of members of the cooperative, income from its own activities, as well as income from the placement of its funds in banks, from securities and others. The peculiarity of the legal regime of the property of the cooperative is due to the fact that it is formed, among other things, from share contributions of members of the cooperative.

Own funds of the cooperative as a legal entity, it can constitute any property that belongs to it by right of ownership, with the exception of certain types of property, which, in accordance with the law, cannot belong to citizens and legal entities (Article 213 of the Civil Code of the Russian Federation).

These funds form the basis of the economic activity of the cooperative. Borrowed funds - this, in fact, is that part of the property of the cooperative, which consists of its debts or obligations (most often these are funds provided on credit). For economic activity, borrowed funds are of certain importance, since they constitute part of working capital, which, unlike own funds, is not fixed in economic turnover, but participates in it only for a specified period.

The property of a cooperative may include movable and immovable things, money, securities, as well as other objects provided for by law. Using the property, the cooperative must comply with the regulatory requirements for registration of ownership and other rights to certain types of property.

For agricultural cooperatives, normative acts governing the use of such property, which is mainly used in agriculture, are of significant importance. The cooperative is the owner of the property transferred to it as share contributions by its members, as well as the property produced and acquired by the cooperative in the course of its activities.

Author: Zavrazhnykh M.L.

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