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35. Legal regime of property of a peasant (farm) economy
Legal regime of property expressed in the legislative consolidation of the powers to own, use and dispose of the property of the peasant economy. The peculiarity of the legal regime of the property of peasant (farmer) households is a different subject composition in property and land legal relations.
The legal regime of the property of a peasant economy is regulated by Ch. 3 of the Federal Law "On the peasant (farm) economy". In paragraph 1 of Art. 6 of the said Law lists the property of the farm.
In terms of its composition, the property of a peasant economy is quite diverse and is determined by the specifics of agricultural production. First of all, it is a land plot, which is an integral and special component of the property complex of the economy.
The list necessarily includes plantings, buildings for residential and household purposes, special facilities, productive and working livestock, various kinds of machinery, equipment and inventory.
The list is not closed, but a reservation has been made, according to which, a sign of the objects listed in it is the need for them to carry out the activities of the farm. In accordance with Art. 244 of the Civil Code of the Russian Federation, property may be owned by one, two or more subjects.
In cases where property is owned by two or more persons, they, while exercising possession, use and disposal of this property, must take into account the interests of other participants in common property, i.e., co-owners.
In order to ensure the coordination of the activities of participants in common property, the Civil Code of the Russian Federation formulated a set of legal norms governing common property (Chapter 16 of the Civil Code of the Russian Federation).
In accordance with paragraph 2 of Art. 6 of the Federal Law "On the peasant (farm) economy" the fruits obtained, the products produced and the income received by the farm as a result of the use of its property become common property, i.e., they become the common property of the members of the farm.
The shares of members of the farm in case of shared ownership of the property of the farm are established by agreement between the members of the farm. Members of the farm jointly own and use the property of the farm. The procedure for owning and using the property of the farm is determined by an agreement concluded between the members of the farm in accordance with Art. 3 of the Federal Law "On the peasant (farm) economy".
Author: Zavrazhnykh M.L.
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