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5. The concept and forms of an agricultural cooperative
The concept of an agricultural cooperative is enshrined in the Federal Law "On Agricultural Cooperation".
So, according to Art. 1 of this law, an agricultural cooperative is an organization created by agricultural producers and (or) citizens leading personal subsidiary farms on the basis of voluntary membership for joint production or other economic activities based on the pooling of their property share contributions in order to meet the material and other needs of members of the cooperative.
Agricultural cooperative may be established in the form of an agricultural production cooperative or an agricultural consumer cooperative.
Previously, the Law established that agricultural cooperation is a system of various agricultural cooperatives. Now the legislator has specified this concept, indicating that it is a system of agricultural production and agricultural consumer cooperatives. A change has been made to the concept of "agricultural cooperative".
At present, the circle of persons who have the right to create an agricultural cooperative has been expanded, and citizens leading private subsidiary plots have been added to agricultural producers, who can create agricultural cooperatives both together with agricultural producers and without them.
If earlier the participation of a member of a cooperative in the activities of a production cooperative was expressed by the number of days worked by him in the cooperative in conjunction with the volume of work performed or output for a given period, now the number of days has ceased to be of fundamental importance, since instead of it, personal labor participation can now be expressed in the amount of wages, and without necessarily taking into account the volume of work performed or output for a given period, which can now be independent criteria in assessing personal labor participation.
The personal labor participation of cooperative members in economic activity is the main feature that distinguishes production cooperatives from consumer cooperatives.
Members of a production cooperative can be citizens, not legal entities, as well as the minimum number of members (five) necessary to ensure that the main work in the cooperative is carried out on their own. The number of workers in a production cooperative (with the exception of workers employed in seasonal work) must not exceed the number of members of this cooperative. An exception to the principle of labor participation exists only for associate members, which can also be legal entities.
Author: Zavrazhnykh M.L.
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