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Agrarian law. Concept of the Federal Law of the Russian Federation "On peasant (farm) farming" (the most important)

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34. The concept of the Federal Law of the Russian Federation "On the peasant (farm) economy"

The concept of the Federal Law of the Russian Federation "On the peasant (farm) economy" It is as follows:

1) a farm is an association of citizens related by kinship, having property in common ownership and carrying out production activities, moreover, based on their personal participation in this activity for the production, storage, transportation and sale of agricultural products;

2) a farm cannot be registered as a legal entity. The farm carries out entrepreneurial activities without forming a legal entity, which corresponds to the provisions of Art. 23 of the Civil Code of the Russian Federation;

3) both Russian citizens and foreign citizens have the right to establish a farm;

4) in Art. 23 of the Civil Code of the Russian Federation, the head of a farm is recognized as an entrepreneur;

5) there are no qualification requirements for the head of a farm;

6) members of the farm can be spouses and their close relatives (parents, children, brothers, sisters, grandchildren, grandparents) without limiting their number, but not more than three families, as well as no more than five citizens who are not related to the head of the farm;

7) the number of citizens working in a farm under an employment agreement (employees) is not limited;

8) the founding document of a farm is the Agreement of its members on the establishment of a farm;

9) the procedure for possession, use and disposal of the property of a farm is determined by an agreement concluded between its members;

10) in the event of the withdrawal of members of the farm, a citizen has the right to receive only monetary compensation commensurate with his share in the common ownership of the property of the farm;

11) for the 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, and for the construction of buildings, structures and structures it is also allowed to provide and acquire them from lands of other categories;

12) the maximum size of land plots of a farm is established by the law of a constituent entity of the Russian Federation, but not less than 10% of the total area of ​​agricultural land within the boundaries of one administrative-territorial entity at the time of granting and (or) acquiring these land plots.

Author: Zavrazhnykh M.L.

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