Agrarian law. Head of the farm (most important)

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Agrarian law. Head of the farm (most important)

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41. Head of the farm

Paragraph 2 of Art. 16 contains requirements for the activities of the head of the economy. First of all, it is conscientiousness and reasonableness. Any actions of the head of the farm must be carried out in the interests of the farm and cannot be aimed at infringing on the rights and legitimate interests of both the farm as a whole and its members.

This requirement of the Law is especially important in cases of disposal of the property of a farm. In accordance with paragraph 2 of Art. 8 of the Federal Law "On the Peasant (Farmer's) Economy" the disposal of the property of the economy is carried out by the head of the economy in the interests of the economy.

At the same time, any investigation is considered to be committed in the interests of the economy, unless it is proved that the head pursued personal goals (clause 3, article 8 of the Federal Law "On the peasant (farm) economy"). The powers of the head of the farm are listed in Art. 17 FZ "On the peasant (farm) economy".

Head of the farm:

1) organize the activities of the farm;

2) acts on behalf of the farm without a power of attorney, including representing its interests and making transactions;

3) issue powers of attorney;

4) carries out the hiring of workers in the farm and their dismissal;

5) organizes accounting and reporting of the farm;

6) exercise other powers determined by agreement between the members of the farm.

listed in Art. 17 of the Federal Law "On the Peasant (Farm) Economy" the powers of the head of the farm can be attributed to the main ones, since the specified list is not closed.

Paragraph 1 of Art. 18 of the Federal Law "On the peasant (farm) economy" provides for cases of changing the head of the farm. This is, first of all, the impossibility of the head of the household to fulfill his duties for more than 6 months. This provision is included in the Law by analogy with the norms of the labor legislation of the Russian Federation. The second case of changing the head is his voluntary renunciation of his powers. And the third case is the death of the head.

In all these cases, the members of the farm must decide on the recognition of the head of another member. This decision must be reflected in the Agreement concluded in accordance with Art. 4 of the Federal Law "On the peasant (farm) economy" when creating the economy.

Change of the head of the farm in accordance with paragraph 3 of Art. 18 of the Federal Law "On a peasant (farm) economy" does not entail the termination of his membership in the economy (with the exception of the death of the head).

Author: Zavrazhnykh M.L.

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