Agrarian law. Farm members (most important)

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Agrarian law. Farm members (most important)

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40. Farm members

In accordance with the requirements of paragraph 2 of Art. 3 of the Federal Law "On the Peasant (Farm) Enterprise" new members can be admitted to the farm.

Admission of new members to the farm is carried out by mutual agreement of the members of the farm on the basis of a written application of a citizen. In accordance with this article, a member of a farm may be either a close relative of the citizens who are part of the farm, or a citizen who is not related to the head of the farm, provided that the maximum number of such citizens established by the Law (five people) is not exceeded. .

Membership in a farm is terminated upon withdrawal from the members of the farm or in the event of the death of a member of the farm (Part 3, Article 14 of the Federal Law "On Peasant (Farm) Enterprise").

Exit farm member from the farm is carried out at his request in writing (part 4 of article 14 of the Federal Law "On the peasant (farm) economy").

When one citizen withdraws from the members of the farm, the land plot and the means of production of the farm are not subject to division.

A citizen has the right to monetary compensation commensurate with his share in the right of common ownership of the property of the farm. In addition, a person who left the farm within 2 years after leaving it bears subsidiary liability within the limits of his share in the property of the farm for obligations arising from the activities of the farm before the moment of exit.

Article 15 of the Federal Law "On Peasant (Farm) Farming" provides that the rights and obligations of members of the farm, responsibility for failure to fulfill duties, as well as the internal regulations of the farm are determined by the members of the farm by mutual agreement. In other words, we are talking about the development of a section of the Agreement provided for by Art. 4 of the Federal Law "On the peasant (farm) economy".

When defining the rights and obligations, the Law "On Peasant (Farm) Farming" proposes to take into account the qualifications of the members of the farm, as well as the economic necessity or tasks to be solved by the activity of the farm.

In accordance with paragraph 2 of Art. 15 of the Federal Law "On the Peasant (Farmer's) Economy", each member of the economy has the right to a part of the income received from the activities of the economy. The procedure for distributing the fruits, products and incomes received from the activities of the farm (the size and form of payments) is determined by an agreement concluded between the members of the farm (clause 3, article 4 of the Federal Law "On the peasant (farm) economy").

Paragraph 1 of Art. 16 of the Federal Law "On Peasant (Farm) Farming" determines that on the basis of an agreement concluded between members of a farm, one of the members is recognized as the head of the farm.

Author: Zavrazhnykh M.L.

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