Agrarian law. Production cooperative (most important)

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Agrarian law. Production cooperative (most important)

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6. Production cooperative

The law "On production cooperatives" ensures the obligatory performance of the bulk of work in a production cooperative by its members: paragraph 2 of Art. 7 of this Law establishes that the number of members of the cooperative who have made a share contribution, participating in the activities of the cooperative, but not taking personal labor participation in its activities, cannot exceed 25% of the number of members of the cooperative taking personal labor participation in its activities, and Art. 21 limits the number of employees of the cooperative.

A production cooperative is a commercial organization. The types of production cooperatives are:

1) agricultural artel (collective farm);

2) fishing artel (collective farm);

3) cooperative economy (koopkhoz);

4) other cooperatives established in accordance with the requirements provided for in paragraph 1 of Art. 3 of the Federal Law "On agricultural cooperation".

According to the Civil Code of the Russian Federation, an artel and a production cooperative are equivalent concepts; the company name of a production cooperative must contain the words "production cooperative" or "artel". And according to the Federal Law "On Agricultural Cooperation", an artel is one of the varieties of an agricultural production cooperative and is synonymous with a collective farm.

The mention of collective farms in the Federal Law "On Agricultural Cooperation" is of particular importance.

The federal law "On Agricultural Cooperation" introduced a new concept - a co-op farm. Co-opkhozes differ from other production cooperatives in that they do not unite the land plots of their members, and also in that they are created by individual entrepreneurs. The bulk of such "inter-farm" cooperatives is classified by the Federal Law "On Agricultural Cooperation" as consumer cooperatives, although their activities are also connected in one way or another with the production of agricultural products.

The principle by which co-opkhozes are classified as production cooperatives is the personal labor participation of its members in economic activity.

In addition to artels and co-op farms, according to paragraph 2 of Art. 3 of the Federal Law "On Agricultural Cooperation", a third form is also possible - simply agricultural production cooperatives. In other words, if the cooperative meets all the criteria specified in paragraph 1 of Art. 3, of the Federal Law "On Agricultural Cooperation", it does not automatically become a collective farm or co-farm and is not obliged to include these words in its company name.

Author: Zavrazhnykh M.L.

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