Agrarian law. Composition of peasant farms (the most important)

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Agrarian law. Composition of peasant farms (the most important)

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32. Composition of peasant farms

For creation of a farm and the implementation of its activities, land plots are provided and acquired from agricultural land in accordance with civil and land legislation.

The basis of the peasant economy are made up of three elements:

1) the presence of a certain property complex;

2) availability of a land plot provided for this purpose;

3) the presence of persons jointly leading a peasant economy.

Capable citizens of Russia, foreign citizens and stateless persons have the right to establish a farm.

In accordance with Art. 4 of the Federal Law "On a Peasant (Farm) Economy", citizens who have expressed a desire to create a farm, conclude an agreement among themselves. At the same time, the key requirement is that a citizen applying for the creation of a farm should have legal capacity.

In accordance with Art. 21 of the Civil Code of the Russian Federation, legal capacity is understood as the ability of a citizen to acquire and exercise civil rights, create civil obligations for himself and fulfill them (civil capacity).

The content of legal capacity includes the ability to perform both lawful and illegal actions.

Lawful transactions include transactions and other actions that do not contradict the law. When certifying a transaction that requires notarial registration, the notary is obliged to find out the legal capacity of the citizens participating in the transaction (Article 43 of the Fundamentals of Legislation on Notaries).

Misconduct (torts) give rise to obligations from causing harm, i.e., the duty of a citizen who caused property damage to another person by his unlawful actions to compensate for this damage (Chapter 59 of the Civil Code of the Russian Federation). In addition, in case of violation of a citizen's personal non-property rights or infringement of other intangible benefits belonging to him, as well as in other cases provided for by law, the court may impose on the violator the obligation to compensate for moral damage (Article 151 of the Civil Code of the Russian Federation).

In accordance with Art. 3 of the Federal Law "On the circulation of agricultural land" foreign citizens have the right to possess land plots only on the right of lease.

Internal Relations in a peasant (farm) economy are built on the basis of the institution of membership. The presence of only family ties is not sufficient grounds for recognizing the fact of membership in a farm. A prerequisite is joint activities for the management of the peasant economy.

The law allows the involvement of other citizens in the performance of work only in case of production necessity in compliance with the norms of labor legislation. Unlike members of a peasant farm, they do not become subjects of property rights and do not have the right to participate in the management of the (farm) farm.

Author: Zavrazhnykh M.L.

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