Agrarian law. Termination of farm activities (most important)

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Agrarian law. Termination of farm activities (most important)

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42. Termination of the activities of peasant farms

Article 21 Ch. 8 of the Federal Law "On the peasant (farm) economy" contains a list of grounds for terminating the activities of a peasant (farm) economy. In the first case, the Law "On the Peasant (Farmer's) Economy" determines the unanimous decision of the members of the farm to terminate farming.

As the second case of the termination of the activity of the farm, the Law "On the Peasant (Farm) Enterprise" indicates a situation where there is not a single member of the farm and their heirs who want to continue the activity of the farm.

A situation is possible when the testator may not have heirs at all, both by law and by will.

In this case, in accordance with Art. 1151 of the Civil Code of the Russian Federation, the property of a peasant (farm) economy is recognized as escheated and passes by way of inheritance under the Law into the ownership of the Russian Federation. The activity of the peasant (farm) economy is terminated. Paragraph 1 of Art. 1151 of the Civil Code of the Russian Federation also indicates cases when none of the heirs has the right to inherit or all heirs are excluded from inheritance (Article 1117 of the Civil Code of the Russian Federation "Unworthy heirs"), or none of the heirs accepted the inheritance and at the same time none of them indicated that he refuses in favor of another heir (Article 1158 of the Civil Code of the Russian Federation).

The third case of termination of the activity of a peasant (farm) economy is in accordance with subpara. 4 p. 1 art. 21 of the Federal Law of the Russian Federation "On a Peasant (Farm) Economy" is the case when a farm is recognized as insolvent (bankrupt).

The procedure for terminating a farm in this case is regulated by the Civil Code of the Russian Federation and Federal Law No. 26-FZ of October 2002, 127 "On Insolvency (Bankruptcy)".

Subparagraph 5 of paragraph 1 of Art. 21 of the Federal Law "On a peasant (farm) economy" establishes that the termination of a peasant (farm) economy is possible by a court decision. By decision of the court, the property must be alienated, which, by virtue of the law, cannot belong to this person (Article 238 of the Civil Code of the Russian Federation).

Alienation of property (real estate) may be made in connection with the alienation of a land plot for state or municipal needs, or due to improper use of land (clause 1, article 239 of the Civil Code of the Russian Federation).

Paragraph 2 of Art. 21 of the Federal Law "On Peasant (Farm) Farming" establishes that disputes that have arisen in connection with the termination of farming are resolved in court. There is no doubt that the disputes in question are of a property nature, therefore their resolution is possible only in court. In accordance with Art. 22 of the Federal Law "On the Peasant (Farmer's) Economy", the termination of the peasant (farmer's) economy is carried out in accordance with the rules of the Civil Code of the Russian Federation.

The peasant (farm) economy was created in accordance with Art. 4 of the Federal Law "On Peasant (Farm) Farming" on the basis of the Agreement concluded between its members and it is obvious that they have the right to decide on the termination of the farm.

Author: Zavrazhnykh M.L.

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