Agricultural law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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Agricultural law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. Subject and method of agricultural law

agricultural law - this is a set of legal norms that regulate social relations that develop in agriculture, in the process of agricultural activities.

Agricultural law refers to complex branches of law. The allocation of agricultural law to a complex branch of law is based on:

1) the presence of the subject of legal regulation as the main material basis for delimiting the norms of law by industry, namely, a specific range of social relations that have a fairly large social significance and require special legal regulation, the basis of which are relations that develop in the sphere of production, processing and sale of agricultural products;

2) methods and principles of legal regulation;

3) the existence of the necessary regulatory material and, above all, the existence of its own sources (agrarian legislation), which are not included in any of the main branches of law;

4) agrarian policy of the state as a subjective basis for the formation and development of agrarian law. Agrarian law acts as a legal form of expression and consolidation of the agrarian policy of the state.

The subject of agricultural law are various social relations that arise in the process of agricultural activities, as well as directly related to the activities of subjects of agrarian law, which are called agrarian relations.

Each of the traditional branches of law has a specific method of legal regulation, that is, the way the norms of this branch influence the behavior of people, the social relations regulated by this branch.

Agricultural law (as a complex industry) uses the methods of different industries. It is characterized by an organic combination of public law and private law methods of regulation.

1. Public - state, administrative, criminal, criminal procedure, financial, civil procedure (regulates the relationship of the state, its bodies with citizens and other subjects of law.

2. Private - civil, family, labor law (the sphere of free activity, where everyone, including the state, participates in relations on an equal footing).

In agrarian law, managerial, public law relations relate to state regulation of prices for agricultural products, quality indicators of these products, state subsidies and compensations, taxes, and conditions for granting loans. They constitute the sphere of activity of the bodies of the Ministry of Agriculture, state commissions and inspections.

In these relations, methods of permission, prohibition, imperious prescription are used.

2. System and principles of agricultural law

Agricultural law system consists of a General and a Special part.

The General Part includes institutions that characterize:

1) state regulation of agriculture;

2) legal regulation of social relations in the countryside;

3) legal bases of agrarian reform;

4) legal status of agricultural organizations;

5) the legal status of peasant (farm) holdings;

6) the legal status of personal subsidiary plots of citizens.

The Special Part includes institutions that determine:

1) the legal regime of property of agricultural organizations;

2) the rights and obligations of agricultural organizations for the use of land and other natural resources;

3) features of legal regulation in agriculture:

a) financial relations;

b) labor relations;

c) contractual relations;

4) the right to entrepreneurial activity (including in the branches of agriculture - in the field of seed production, breeding, veterinary business, selection activities);

5) liability for violations of agricultural legislation. Agrarian law is built mainly on the principles that are characteristic of all Russian law:

1) ensuring the rule of law in the activities of all participants in agrarian relations;

2) the establishment by the state of the main priorities for the development of the agro-industrial complex;

3) environmental safety, ensuring the quality of products;

4) freedom of choice of forms of management by agricultural entrepreneurs;

5) freedom of contract;

6) judicial protection of the violated rights of participants in agrarian relations.

However, one special principle is still inherent in agrarian law - this is the principle of taking into account the specifics of agricultural production.

Its specificity lies in the fact that in agriculture the land is used as the main means of production; it is associated with the reproduction of living organisms - plants and animals - and has a seasonal character. But these are objective features.

The practice of law enforcement shows that the norms of agrarian laws are effective when they take into account social and legal specifics: the way of rural life, the mentality of the peasantry that has developed over decades of the collective farm system in the absence of the right to private ownership of land and systems of contractual relations.

3. Classification of sources of agricultural law

Sources of law - this is an external form of expression of the law-making activity of the state with the support of the will of the people, with the help of which the will of the legislator becomes mandatory for execution. In the agrarian legal doctrine, a three-term classification of the sources of agrarian law is common.

They are divided according to the method of lawmaking into normative legal acts of the state, acts of authorized and delegated lawmaking. In agrarian law, to a greater extent than in other branches of law, acts of authorized and delegated lawmaking are used as sources of law.

Sanctioning activity - diverse legal activities of the state in the approval, consideration, approval of normative acts of agricultural commercial organizations and public self-government bodies of peasants - the Association of Peasant (Farm) Enterprises and Agricultural Cooperatives.

The specificity of delegated lawmaking is expressed in the fact that while authorizing agricultural commercial organizations and public peasant self-government to develop regulatory legal acts, the state nevertheless does not lose its competence to legally regulate agrarian relations. Delegated law-making in the field of public administration is associated, as a rule, with the temporary granting to a subordinate state body of the right to develop a normative act, the publication of which is within the competence of the delegating body. The most common form of the source of law are legal acts.

1. The main source of agrarian law, as well as for all other branches of Russian law, is the Constitution of the Russian Federation, which has supremacy over all legal acts in the Russian Federation and has the highest legal force.

2. Federal constitutional laws that comment on many provisions of the Constitution of the Russian Federation, including those related to agrarian law.

3. Federal Laws.

4. By-laws - decrees of the President. Since 1991, the president has been granted emergency powers in the field of legislation, from that moment on, presidential decrees acquired the force of laws, this phenomenon began to be called "decree legislation", as well as decrees of the Government of the Russian Federation, which also refer to by-laws.

5. Regulatory legal acts of the subjects of the Russian Federation and local acts play a significant role in the regulation of agrarian legal relations. The main feature of such acts is that they are limited in application by territorial features.

4. The Constitution of the Russian Federation as a source of agricultural law

The Constitution of the Russian Federation adopted on December 1-2, 1993, has the highest legal force - it forms the foundation for the formation and development of agrarian law, regulates agrarian relations in general form as the Basic Law of the state and civil society, determines the constitutional parameters of a market agrarian economy, gives scope for the development of legal institutions, relating not only to the state, but also to other branches, including agrarian law.

The Constitution of the Russian Federation contains many norms regulating relations in the field of legal regulation of agrarian relations:

1) the rights and freedoms of citizens in the field of agricultural entrepreneurship, or the legal status of agricultural commercial organizations and entrepreneurs;

2) the unity of the economic space throughout the country, both for citizens and their associations in the field of agricultural business and other economic activities, and for other owners (the Russian Federation, subjects of the Russian Federation, municipalities);

3) freedom of competition and restriction of monopolistic activity as a necessary condition for the formation of a market agrarian economy;

4) state regulation of entrepreneurial and other economic activities in the field of agro-industrial production;

5) the right of ownership and other real rights of peasants to land and other immovable property;

6) legal regulation of agricultural labor;

7) expanding the scope of the court's activities in protecting the fundamental economic rights and freedoms of citizens in the field of agricultural entrepreneurship and other economic activities;

8) establishment of a system of state bodies endowed with law-making competence in the field of legal regulation of agrarian relations and law enforcement.

The Constitution of the Russian Federation recognizes property as the main independent production relation in the system of economic relations that exist independently of the will of individuals.

Article 8 of the Constitution of the Russian Federation recognizes and protects the equality of private, state, municipal and other forms of land ownership - the economic basis of civil society. With the inclusion of provisions on the forms of ownership of land and other natural resources in the Constitution of the Russian Federation, the stability, inviolability, and security of land ownership relations are strengthened.

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.

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.

7. Agricultural consumer cooperative

Agricultural consumer cooperative an agricultural cooperative established by agricultural producers (citizens and (or) legal entities) is recognized, subject to their mandatory participation in the economic activities of a consumer cooperative.

Agricultural consumer cooperatives are engaged in business related to agricultural production.

At the same time, they differ significantly from production cooperatives - primarily in that the economic activities of consumer cooperatives are aimed primarily not at making a profit, but at satisfying the material and other needs of their members. That's why they are non-profit organizations. Income received from business activities is not distributed among the members of the consumer cooperative, but is used to achieve common goals.

At least 50% of the volume of work performed by them must be carried out in accordance with paragraph 13 of Art. 4, Federal Law "On agricultural cooperation" for members of this cooperative. Further, consumer cooperatives in agriculture are created mainly by entrepreneurs - farmers and legal entities engaged in agricultural production (including other agricultural production cooperatives); accordingly, the main requirement for membership is not labor participation, but participation in economic activities and consumption of the services of this cooperative.

Consumer cooperation in agriculture, or, as it is otherwise called, inter-farm or vertical cooperation, is currently only being created, while the bulk of cooperatives are production cooperatives.

According to paragraph 2 of Art. 4 of the Federal Law "On Agricultural Cooperation", consumer cooperatives are non-profit organizations and, depending on the type of their activity, are divided into:

1) processing;

2) household (commercial);

3) serving;

4) supply;

5) horticultural;

6) gardening;

7) livestock;

8) credit;

9) insurance;

10) other cooperatives established in accordance with the requirements provided for in paragraph 1 of Art. 4 of the Federal Law "On Agricultural Cooperation", to perform one or more of the activities indicated in this article.

List of types of agricultural consumer cooperatives.

8. Types of consumer cooperatives

Processing cooperatives include consumer cooperatives engaged in the processing of agricultural products (production of meat, fish and dairy products, bakery products, vegetable and fruit products, products and semi-finished products made from flax, cotton and hemp, timber and lumber and others).

The norms of paragraph 3 of Art. 4 of the Federal Law "On Agricultural Cooperation" can also be applied to associations of citizens for collective horticulture and horticulture. Currently, there is no special model or exemplary charter for a horticultural (gardening) partnership.

Such partnerships may well change their name to "consumer cooperative" and bring their charters in line with the Federal Law "On Agricultural Cooperation".

As in consumer cooperatives, the production of agricultural products in them is not marketable, but is intended for personal consumption. A partnership, according to the Civil Code of the Russian Federation, is an organizational and legal form of entrepreneurial activity and is a commercial organization.

Marketing (trade) cooperatives carry out the sale of products, as well as their storage, sorting, drying, washing, packaging, packaging and transportation, conclude transactions, conduct market research, organize advertising of these products and more.

Service cooperatives carry out land reclamation, transport, repair, construction and environmental restoration work, telephone installation and electrification in rural areas, veterinary care for animals and breeding work, work on the application of fertilizers and pesticides, carry out audit activities, provide scientific and consulting, information, medical, sanatorium and resort services and others.

Credit and insurance cooperatives are excluded from the list of types of consumer cooperatives (clause 2, article 4 of the Federal Law "On Agricultural Cooperation").

Supply cooperatives are formed for the purpose of purchasing and selling means of production, fertilizers, lime materials, feed, oil products, equipment, spare parts, pesticides, herbicides and other chemicals, as well as for the purpose of purchasing any other goods necessary for the production of agricultural products; testing and quality control of purchased products; supply of seeds, young livestock and poultry; production of raw materials and materials and their supply to agricultural producers.

Horticultural, horticultural and livestock cooperatives are formed to provide a range of services for the production, processing and marketing of crop and livestock products.

9. Unions (associations) of cooperatives

Cooperatives, independently or jointly with other legal entities - agricultural producers - in order to coordinate their activities, as well as to represent and protect common property interests, may, under an agreement between themselves, create associations in the form of unions (associations) of cooperatives that are non-profit organizations.

Union (association) is created without limiting the period of activity, unless otherwise established by its constituent documents.

The number of founders is not limited, but unions and associations cannot be founded by one person. A union (association) is considered to be established as a legal entity from the moment of its state registration in accordance with the procedure established by law, owns separate property, is liable for its obligations with this property, can acquire and exercise property and non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court. The union (association) must have an independent balance sheet.

He has the right, in accordance with the established procedure, to open bank accounts in the territory of the Russian Federation and abroad, as well as to create branches and open representative offices in the territory of the Russian Federation. According to Art. 52 of the Civil Code of the Russian Federation in the constituent documents of non-profit organizations, the subject and goals of the activity of a legal entity must be determined.

Constituent documents of the union (association) should contain conditions on the composition and competence of its governing bodies and the procedure for making decisions by them, including on issues on which decisions are taken unanimously or by a qualified majority of votes of the members of the union.

Constituent documents of unions (associations) are both the memorandum of association and the articles of association.

Withdrawal from the union is stipulated by the condition - the end of the financial year. The right of a participant to return to him the contribution made during the creation of the union is not provided for by law.

As for the entry into the union of new members, then paragraph 8 of Art. 5 of the Federal Law "On Agricultural Cooperation" speaks of the procedure provided for by the charter of the union, and paragraph 3 of Art. 123 of the Civil Code of the Russian Federation - that a new member can enter an association (union) only with the consent of its members.

An agricultural union (association) may be reorganized by merger, accession, division, separation or transformation (Article 57 of the Civil Code of the Russian Federation).

A feature of the liquidation procedure for an agricultural union (association) as a non-profit organization is that the property remaining after the satisfaction of creditors' claims is directed in accordance with the constituent documents of the union or association for the purposes for which it was created, and (or) for charitable purposes (Art. 20 of the Federal Law "On non-profit organizations").

10. Powers of the cooperative

cooperative, created in accordance with the Federal Law "On Agricultural Cooperation", is a legal entity and has the following powers:

1) create representative offices and branches, exercise their rights on the territory of the Russian Federation and abroad;

2) to carry out the activities provided for by Art. 3 and 4 of the Federal Law "On Agricultural Cooperation", and other types of activities not prohibited by law;

3) to own, buy or otherwise acquire, sell, pledge and exercise other real rights to property and land plots, including those transferred to him in the form of a share contribution to the share fund of the cooperative, in the manner and on the terms established by the legislation of the Russian Federation and legislation of the constituent entities of the Russian Federation;

4) create a reserve and other indivisible funds of the cooperative and invest the resources of the reserve fund in banks and other credit institutions, in securities and other property;

5) attract borrowed funds, as well as issue cash loans and advances to members of the cooperative;

6) conclude agreements, as well as exercise all the rights necessary to achieve the goals provided for by the charter of the cooperative;

7) carry out foreign economic activity in accordance with the procedure established by the legislation of the Russian Federation;

8) apply to a court or arbitration court with applications for invalidation (in whole or in part) of acts of state and other bodies, as well as with applications for the unlawfulness of actions of officials that violate the rights of the cooperative;

9) carry out reorganization or liquidation of the cooperative.

All of the listed powers of an agricultural cooperative as a legal entity arise from the unity of the economic space guaranteed by the Constitution of the Russian Federation (Article 8), free movement of goods, services and financial resources, support for competition and freedom of economic activity.

The legal capacity of a legal entity according to Art. 49 of the Civil Code of the Russian Federation arises from the moment of its state registration, and terminates from the moment of exclusion from the unified state register of legal entities.

At the same time, production cooperatives, as commercial organizations, have general legal capacity, i.e., they can engage in any activity and have any civil rights, and bear the obligations associated with it. Consumer cooperatives have special legal capacity - they have only those civil rights and bear only those obligations that are provided for in its constituent documents and correspond to the purpose of its creation. A transaction made by a legal entity without taking into account its special legal capacity (extra-statutory transaction) may be declared invalid by a court (Article 173 of the Civil Code of the Russian Federation).

11. The procedure for the formation of a cooperative

The procedure for the formation of a cooperative regulated by Article 8 of the Federal Law "On Agricultural Cooperation". Basically, this article provides for the formation of cooperatives not in the place of another agricultural enterprise, but completely new ones.

In order to form a cooperative, citizens and legal entities that have expressed a desire to create a cooperative form an organizing committee, whose duties include:

1) preparation of a feasibility study for the project of production and economic activities of the cooperative, including the size of the share fund of the cooperative and the sources of its formation;

2) preparation of the draft charter of the cooperative; acceptance of applications for membership in the cooperative, which must reflect the consent to participate in the production or other economic activities of the cooperative and comply with the requirements of the charter of the cooperative;

3) preparation and holding of a general organizational meeting of members of the cooperative.

The norm of paragraph 1 of Art. 8 of the Federal Law "On Agricultural Cooperation" is advisory in nature. It focuses on how best to organize the work to create a new cooperative.

The feasibility study is an internal document of the cooperative and serves to clarify by its members themselves what will be the property basis of their further functioning.

It is not submitted to any state bodies.

The Organizing Committee has the right to establish the size of entrance membership fees in order to cover organizational expenses for the formation of the cooperative with a report on their use at the general meeting of members of the cooperative. If share contributions in any cooperative are obligatory, then entrance fees are introduced at the discretion of the cooperative, and the Federal Law "On Agricultural Cooperation" determines the only direction for their use - organizational costs for the formation of an agricultural cooperative.

General organizational meeting of members of the cooperative:

1) makes a decision on admission to the members of the cooperative;

2) approve the charter of the cooperative;

3) elects the governing bodies of the cooperative (the board of the cooperative and, in the cases established by the Federal Law "On Agricultural Cooperation", the supervisory board of the cooperative).

The main task of the organizational meeting, in addition to those listed in paragraph 3 of Art. 8 of the Federal Law "On Agricultural Cooperation" is the decision to create the cooperative itself. All the powers mentioned in the article belong to the exclusive competence of the general meeting, and decisions on them must be made by a qualified majority of votes (Article 20 of the Federal Law "On Agricultural Cooperation").

12. State registration of a cooperative

State registration of a cooperative regulated by Art. 9 FZ "About agricultural cooperation". The cooperative is subject to state registration in the manner prescribed by the law on registration of legal entities.

The law applies to both production and consumer agricultural cooperatives. However, it should be borne in mind that it does not apply to the registration of legal entities created in the process of privatization.

The application for state registration shall be accompanied by:

1) minutes of the general organizational meeting of members on the establishment of a cooperative, on the approval of its charter and on the composition of the board of the cooperative, signed by the chairman and secretary of this meeting;

2) the charter of the cooperative, signed by the members participating in the general organizational meeting, indicating their last names, first names, patronymics, dates of birth, places of residence, series and numbers of passports or documents replacing them;

3) certificate of payment of the state fee; however, agricultural organizations and peasant (farmer) farms are exempted from paying the registration fee when their legal status is changed in connection with the reorganization and bringing it (status) in line with the requirements of the Federal Law "On Agricultural Cooperation".

In the event that the information contained in the submitted documents is found to be unreliable, the procedure for establishing a cooperative is violated, as well as the constituent documents do not comply with the legislation of the Russian Federation, the body that carried out the registration is obliged, within one calendar month from the date of registration, to notify the cooperative of the need to make appropriate changes or additions to the constituent documents.

Within 7 days after receiving the notification, the agricultural cooperative is obliged to make them and submit them to the body that carried out the registration.

In case of non-submission within this period, this body is obliged to apply to the arbitration court with a claim for the recognition of the constituent documents of the enterprise as invalid (in whole or in part).

Any interested person has the right, within 6 months from the date of registration, to apply to a court or arbitration court to invalidate the registration of an enterprise and (or) its constituent documents (in whole or in part). The decision of the court (arbitration court) is the basis for the annulment of state registration.

A reasoned decision to refuse state registration of a cooperative is issued in case of violation of the procedure established by law for the creation of a cooperative or inconsistency of its constituent documents with the requirements of the law. Denial of state registration, violation of the terms or procedure for state registration, as well as evasion of such registration may be appealed in court.

In cases of violation of the terms or procedure for state registration, the cooperative may appeal against the actions of the state body that carried out the state registration of the cooperative to the court in accordance with the procedure established by law.

13. State and cooperatives

State stimulates the creation and supports the activities of cooperatives by allocating funds to them from the federal budget and the budgets of the constituent entities of the Russian Federation for the acquisition and construction of processing and service enterprises, the creation of credit and insurance cooperatives based on the developed plans and forecasts for the development of territories and targeted programs, provides scientific, personnel and information support . In paragraph 1 of Art. 7 of the Federal Law "On Agricultural Cooperation" fixes the main directions of state support for agricultural cooperation.

The highest bodies of state power and administration of the Russian Federation adopt regulations containing a set of measures for the development of the country's agro-industrial complex as a whole, all of which in one way or another affect the interests of agricultural cooperatives.

The state also establishes special forms of assistance to the development of precisely agricultural cooperation. The state exerts a significant influence on the development of cooperation by establishing tax and credit benefits.

Responsibilities for scientific, personnel and information support of all agricultural producers, including agricultural cooperatives, are assigned to the Ministry of Agriculture and Food of the Russian Federation.

The state also takes upon itself the organization of protection against the entry into Russian territory of animal and plant diseases, pests, weeds and other quarantine measures; ensures the production of fertility and soil conservation. For these purposes, the Federal Service for Veterinary and Phytosanitary Control, Rosselkhoznadzor, etc. have been specially created.

State authorities and local self-government bodies are not entitled to interfere in the economic, financial and other activities of cooperatives, with the exception of cases provided for by the legislation of the Russian Federation. Cooperatives (both industrial and consumer) are not subordinate to any organizations.

Losses caused to the cooperative as a result of illegal actions (inaction) of state and other bodies or their officials that violated the rights of the cooperative, as well as as a result of improper performance by such bodies or their officials of the obligations stipulated by law in relation to the cooperative, are subject to compensation by these bodies.

Disputes on compensation for such losses are considered by the court in accordance with their jurisdiction. If material damage is caused by illegal actions of state bodies, then the agricultural cooperative has the right to compensation. Damage caused by such violations as illegal actions of state bodies, local self-government bodies and their officials, illegal acts of these bodies, as well as inaction, i.e. failure to fulfill the duties assigned to the relevant body, is subject to compensation.

14. Formation of cooperatives during reorganization; agricultural organizations

Reorganization of a legal entity in accordance with Art. 57 of the Civil Code of the Russian Federation means a merger, accession, division, separation or transformation. In Art. 10 of the Federal Law "On Agricultural Cooperation", reorganization is understood primarily as a change in the organizational and legal form of an agricultural organization (transformation) with a simultaneous division into several new organizations (or without such a division).

Registration is carried out no later than three days from the date of submission of the necessary documents or within 30 calendar days from the date of posting indicated in the receipt for sending constituent documents.

Registration is carried out by assigning to the cooperative the next number in the register of incoming documents and affixing a special inscription (stamp) with the name of the registering body, number and date on the 1st page (title page) of the charter of the cooperative, sealed with the signature of the official responsible for registration.

State registration data, including for commercial organizations - a company name, are included in the unified state register of legal entities, open to the public. Contained in Art. 1 of the Federal Law "On Agricultural Cooperation", the mention that the collective of an agricultural organization has the right to decide on the preservation of the existing form of management, at first glance, does not make sense, such a right goes without saying. In practice, there are a lot of questions related to the application of the said norm. Therefore, in this article of the Federal Law "On Agricultural Cooperation" it is specified.

1. It is stipulated here that while maintaining the existing form, it is necessary to bring it into line with the current legislation. In particular, many aspects of the legal status of collective farms have changed in connection with the adoption of the Law on Agricultural Cooperation. The question of changing the legal status arose before many agricultural organizations in connection with the adoption of the new Civil Code of the Russian Federation, which changed the list of possible forms of commercial organizations and some legal issues of their activities compared to those that existed before.

2. The article introduces a clarification regarding state farms: the decision to change or maintain the form of management is made by the collective of the state farm with the consent of the owner. State farms were state enterprises until 1991, when, in accordance with those introduced in Art. 12 of the Constitution of the RSFSR, by amendments, they were recognized as the owners of their property. Therefore, state farms were not subject to privatization, but were reorganized in the same way as collective farms, but some of them retained their organizational and legal form. However, since the Civil Code of the Russian Federation does not provide for such a variety of commercial organizations, the untransformed state farms become unitary enterprises, pass into state or municipal ownership.

15. Rights of participants of the reorganized agricultural organization

In the case of reorganization of the agricultural organization its members (participants, employees) independently decide on joining a cooperative or other agricultural organizations provided for by civil legislation or form peasant (farm) enterprises.

In paragraph 2 of Art. 10 of the Federal Law "On Agricultural Cooperation" it is said that the reorganization in agriculture is carried out not automatically and not en masse, but exclusively individually, i.e. if a cooperative is formed on the basis of an agricultural organization, then each employee (participant) who wants to to join it, submits an application for admission.

If a decision is made to join a production cooperative established on the basis of an agricultural organization, a member (participant) of the agricultural organization shall pay a share contribution to the share fund of the production cooperative in the amount and within the time limits established by the Federal Law "On Agricultural Cooperation" and the charter of the cooperative.

During the reorganization of an agricultural organization, its member (participant) has the right to transfer the land plot allocated to him or the land share due to him as a share contribution to the share fund of the cooperative (with or without the condition of their return in kind in case of withdrawal from the cooperative) or to transfer the land plot, owned by him, leased to the cooperative on the terms established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Share contribution required when joining a cooperative of any kind. A citizen who has received a property share and a land share upon leaving an agricultural organization may use them as such a contribution.

During the reorganization of agricultural enterprises, each owner or group of owners of property shares shall also have the right to receive property in kind on account of the share or, if this is not possible, to monetary compensation for the value of the property share. In the future, they can contribute this property or money to the share fund of an agricultural cooperative, which they will create or intend to join.

In cooperatives, the transfer of the right to use a land share, including by associate members, can also be applied. In this case, an agreement between the members of the cooperative establishes an assessment of the right to use the shares in rubles; it is taken into account when calculating the share contribution, and dividends are paid for each ruble of the assessment amount.

The right to use the land share is contributed to the authorized capital of the organization for a period of not more than three years, with the possibility of introducing the right to use the land share in the future.

16. Transfer of a land plot by the owner for rent to a cooperative

In paragraph 3 of Art. 38 of the Federal Law "On agricultural cooperation" refers to transfer of the land plot by the owner for rent to the cooperative. Such a transfer cannot be considered as a share contribution. A lease agreement is concluded between the tenant and the landlord, which is subject to registration in the prescribed manner locally in the committees for land resources and land management.

Moreover, both an individual owner and a group of owners of land shares can act as lessors. It is established that land share lease agreements are concluded for a period of at least three years. The specific lease term and payment terms are determined by the contract. The landlord may receive money, products or services from the cooperative in return for rent. The area of agricultural land leased for the production of agricultural products is not limited.

When transferring a land share for lease or use, the land tax under an agreement with the owner may be paid by the tenant or user. When several agricultural organizations or peasant (private) farms are formed as a result of reorganization, production infrastructure facilities (workshops, garages, dryers, grain stocks, warehouses, etc.), the services of which were used by all members (participants) of the reorganized agricultural organization, are not subject to division.

The list of these objects is determined by the decision of the general meeting of members (participants) of the reorganized agricultural organization. The cost of these objects is excluded from the cost of property distributed according to property share contributions of members (participants) of the reorganized agricultural organization, and these objects are declared indivisible, except for the following cases when they can be divided in value terms:

1) if, due to the remoteness of an agricultural organization or a peasant (farm) economy from the objects of the production infrastructure, it is not economically feasible for them to use these objects;

2) if an agricultural organization or a peasant (farm) economy has similar production infrastructure facilities and they do not need to use common production infrastructure facilities.

In the event that at least 51% of the total amount of property share contributions attributable to indivisible objects of production infrastructure is transferred to the share fund of one of the production cooperatives, this cooperative has the right to include these objects in its indivisible fund, subject to the acceptance of other agricultural organizations or peasant (farm) enterprises formed as a result of the reorganization, with their consent, into associate members of the cooperative and provided that the said associate members are provided with the opportunity to use these objects on a contractual basis.

17. Trust management agreement

On trust management agreement property referred to in paragraph 3 of Art. 10 of the Federal Law "On Agricultural Cooperation", one party transfers to the other party (trustee) for a certain period of time the property in trust, and the other party undertakes to manage this property in the interests of the founder of the management or the person specified by him.

Such a transfer of property does not entail a transfer of ownership. The trustee has the right to perform any legal and factual actions with respect to the property transferred to him under the agreement, but the law or the agreement may provide for restrictions on certain such actions. Transactions with the property transferred to trust management are made by the trustee on his own behalf, indicating at the same time that he acts as such a manager.

He submits to the founder of the department a report on his activities within the time and in the manner established by the agreement on trust management of property. The agreement may provide for remuneration to the trustee; he also has the right to compensation for the necessary expenses incurred by him during the trust management of property, at the expense of income from the use of this property. The trustee, who has not shown due care for the property of the founder of the management, compensates for losses caused by the loss or damage to property, as well as lost profits.

The trustee personally bears obligations under the transaction made by him in excess of the powers granted to him or in violation of the restrictions established for him.

The contract of trust management of property is concluded for a period not exceeding five years.

In the absence of a statement by one of the parties on the termination of the contract at the end of its validity period, it is considered extended for the same period and on the same conditions that were provided for by the contract.

If none of the agricultural organizations and (or) none of the peasant (individual) farms formed as a result of the reorganization of an agricultural organization have 51% of the total amount of property share contributions attributable to indivisible objects of production infrastructure, or in the case of If a production cooperative, which has the right to include indivisible objects of production infrastructure in its indivisible fund, refuses to do so, one or more consumer cooperatives are formed to use these objects.

18. Sources of formation of property of the cooperative

Law operates with the concept of "property", defining it as a complex object of legal relations.

Property - these are things, i.e., material objects, and the property rights of persons - participants in legal relations, namely, the rights of claim that constitute an asset of his property, as well as debts that constitute a liability. To carry out its activities, the cooperative owns, uses and disposes of property belonging to it on the basis of ownership, or uses property on other legal grounds.

Sources of formation of property of the cooperative can be both own and borrowed funds. At the same time, the amount of borrowed funds should not exceed 60% of the total funds of the cooperative. Article 128 of the Civil Code of the Russian Federation refers to the term "property" the following types of objects of civil rights: things, securities, as well as "other types of property, including property rights". Property is the main object of the right of ownership of citizens and legal entities. The requirement established by law, not to exceed the amount of borrowed funds of the cooperative by more than 60%, is a guarantee of the solvency of the cooperative and its independence.

The cooperative generates its own funds at the expense of share contributions of members of the cooperative, income from its own activities, as well as income from the placement of its funds in banks, from securities and others. The peculiarity of the legal regime of the property of the cooperative is due to the fact that it is formed, among other things, from share contributions of members of the cooperative.

Own funds of the cooperative as a legal entity, it can constitute any property that belongs to it by right of ownership, with the exception of certain types of property, which, in accordance with the law, cannot belong to citizens and legal entities (Article 213 of the Civil Code of the Russian Federation).

These funds form the basis of the economic activity of the cooperative. Borrowed funds - this, in fact, is that part of the property of the cooperative, which consists of its debts or obligations (most often these are funds provided on credit). For economic activity, borrowed funds are of certain importance, since they constitute part of working capital, which, unlike own funds, is not fixed in economic turnover, but participates in it only for a specified period.

The property of a cooperative may include movable and immovable things, money, securities, as well as other objects provided for by law. Using the property, the cooperative must comply with the regulatory requirements for registration of ownership and other rights to certain types of property.

For agricultural cooperatives, normative acts governing the use of such property, which is mainly used in agriculture, are of significant importance. The cooperative is the owner of the property transferred to it as share contributions by its members, as well as the property produced and acquired by the cooperative in the course of its activities.

19. Fixed assets

Fixed assets represent a set of material values used as means of labor and acting in kind for a long time both in the sphere of material production and in the non-material sphere.

Buildings are fixed assets. structures, transmission devices, working and power machines and equipment, measuring and control instruments and devices, computers, vehicles, tools, production and household equipment, working and productive livestock, perennial plantations, on-farm roads and other means.

Fixed assets also include capital investments for land improvement (reclamation, drainage, irrigation and other works) and leased buildings, structures, equipment and other facilities. As part of fixed assets, land plots owned by the organization, objects of nature management (water, subsoil and other natural resources) are taken into account.

Not included in the main means of production and are taken into account in organizations (and therefore in cooperatives) as part of funds in circulation:

1) items that last less than 1 year, regardless of their cost; items valued at the date of acquisition no more than 1 million rubles. per unit (based on their value stipulated in the contract) regardless of their service life, with the exception of agricultural machinery and tools, construction mechanized tools, as well as working and productive livestock, which are classified as fixed assets regardless of their value, and other property;

2) attracted funds, i.e., funds that do not belong to the organization (in our case, the cooperative), but temporarily involved in its turnover. It is customary to refer to working capital also work in progress - these are products (works) that have not passed all the stages (phases, limits) provided for by the technological process, as well as products that are incomplete, have not passed tests and technological acceptance.

Essential in the economic use of the property of the cooperative are capital investments, which, by economic definition, are expenses for the creation, expansion, reconstruction and technical re-equipment of fixed capital, as well as related changes in working capital.

In addition to capital investments, the Regulation on Accounting and Accounting in the Russian Federation defines the concept of financial investments. These include investments by the organization in government securities (bonds and other debt obligations), securities and in the authorized capital of other organizations, as well as loans granted to other organizations in Russia and abroad.

20. Sources of own funds formation

Article 34 of the Federal Law "On Agricultural Cooperation" defines two sources of formation of own funds of the cooperative: share contributions of members of the cooperative and income of the cooperative. The law establishes that the activities of the cooperative, the placement of funds in banks, transactions with securities can serve as a source of income. The list of possible sources of income is left open.

The definition of the share contribution of a cooperative member is contained in Art. 1 of the Federal Law "On agricultural cooperation", and in Art. 3 shows the features of the formation of mutual funds of agricultural production cooperatives.

So, the main difference between the source of the formation of the property of the collective farm and the source of the formation of the property of the co-op farm is that the land plots of its members - heads of peasant farms and citizens leading private subsidiary plots are not transferred to the share fund of the co-op farm (clause 4, article 3 of the Federal Law "On Agricultural Cooperation "). At the same time, the norms of Art. 109 of the Civil Code of the Russian Federation "Property of a production cooperative".

To carry out its activities, the cooperative forms funds that constitute the property of the cooperative. The types, sizes of these funds, the procedure for their formation and use are established by the general meeting of members of the cooperative in accordance with the charter of the cooperative. In addition to financial statements, information about the property of the cooperative, its sources and distribution should be reflected in the constituent and other documents of the cooperative.

With regard to the goals of creating funds, the share fund not only forms the basis of economic activity, but also determines the nature of property relations within the cooperative.

With regard to the formation of an indivisible fund of a cooperative, the Law now specifically determines that the size of an indivisible fund is set in value terms and provides an open list of property objects that can be attributed by the charter to an indivisible fund (clause 5, article 34 of the Federal Law "On Agricultural Cooperation").

The cooperative without fail forms a reserve fund, which is indivisible and the size of which must be at least 10 percent of the cooperative's unit fund. The reserve fund is created, in particular, to cover unproductive losses and losses, as well as payments of income to members of the cooperative in the absence or insufficiency of the profit of the reporting year for these purposes.

The procedure for the formation of the reserve fund is established by the charter of the cooperative (clause 6, article 34 of the Federal Law "On Agricultural Cooperation").

21. Share contributions of members of the cooperative

The size of the share fund of the cooperative and mandatory share are established at the organizational meeting of the members of the cooperative and are provided for by the charter of the cooperative. (Clause 2, Article 35 of the Federal Law "On Agricultural Cooperation").

Mutual fund size and sources its formation is determined by the organizing committee of the cooperative as part of the preparation of a feasibility study for the project of the production and economic activities of the cooperative (Article 8 of the Federal Law "On Agricultural Cooperation"). The size of the share fund and share contributions is approved by the general meeting of members of the cooperative.

Compulsory shares in a production cooperative are established in equal amounts, and in a consumer cooperative - in proportion to the expected volume of participation of a member of the cooperative in the economic activities of this cooperative.

Members of the cooperative may contribute additional shares, the amount and terms of which are established by the charter of the cooperative. Accounting for share contributions of the cooperative is carried out in value terms.

The results of this assessment are subject to approval by the supervisory board of the cooperative. In this case, only disputable issues on the evaluation of land plots, land property shares and other property are submitted to the general meeting of members of the cooperative.

By decision of the general meeting of members of the cooperative, the monetary value of share contributions may be subjected to an independent expert verification. The share contribution may include cash, land plots, land or property shares, other property, property rights.

The part of the estimated value of the share contribution, which exceeds the size of the mandatory share, is transferred with the consent of the member of the cooperative to its additional share (clause 6, article 35 of the Federal Law "On Agricultural Cooperation").

A member of a production cooperative must contribute at least 10% of the mandatory share by the time of state registration of the cooperative, the rest of the mandatory share - within a year from the date of state registration of the cooperative. A member of a consumer cooperative must contribute at least 25% of the mandatory share by the time of state registration of the cooperative, the rest of the mandatory share - within the time limits provided for by the charter of the consumer cooperative. By decision of the general meeting of members of the cooperative, the size of the share fund of the cooperative may be increased or reduced with the introduction of appropriate changes to the charter of the cooperative and state registration of these changes in the manner prescribed by law.

An increase in the size of the share fund is carried out either by making additional shares, or by increasing share contributions at the expense of cooperative payments (clause 10, article 35 of the Federal Law "On Agricultural Cooperation").

To increase the share fund through cooperative payments, a qualified majority of votes is required, since this decision is part of the exclusive competence of the general meeting to determine the procedure for distributing profits (clause 2, article 20 of the Federal Law "On Agricultural Cooperation").

22. Distribution of profits and losses of the cooperative

Profit is the final financial result revealed for the reporting period on the basis of the accounting of all business operations of the cooperative and the assessment of balance sheet items.

Profit of a production cooperative is distributed among its members in accordance with the labor participation of each of them, unless otherwise provided by law or the charter (clause 4, article 109 of the Civil Code of the Russian Federation). Income received from the entrepreneurial activities of consumer cooperatives is also distributed among its members (Article 116 of the Civil Code of the Russian Federation), in the manner determined by the cooperative itself.

Determining the procedure for distributing profits (income) of the cooperative belongs to the exclusive competence of the general meeting (clause 2, article 20 of the Federal Law "On Agricultural Cooperation"). The procedure for distributing the profits of the cooperative must be approved at the general meeting of the members of the cooperative within three months after the end of the financial year, the profit can be distributed only after the payment of taxes, fees and mandatory payments (clause 8, article 36 of the Federal Law "On Agricultural Cooperation").

Determination of the amount of cooperative payments as one of the actions for the distribution of profits, as well as the approval of the balance sheet, are within the exclusive competence of the general meeting of the cooperative (Article 20 of the Federal Law "On Agricultural Cooperation").

This provision significantly strengthens cooperative democracy. The losses and obligations of the cooperative are subject to distribution among the members of the cooperative, the amount of which is related to the size of the cooperative payments. The profit of the cooperative, determined by the balance sheet, is distributed as follows:

1) to the reserve fund and other indivisible funds provided for by the charter of the cooperative;

2) to make mandatory payments to the budget in accordance with the current legislation;

3) for the payment of dividends due on additional shares of associate members of the cooperative, the total amount of which should not exceed 30% of the profit of the cooperative to be distributed;

4) for cooperative payments.

When deciding on the amount of cooperative payments, the approved balance sheet is used for calculations.

23. Property liability of the cooperative

Article 37 of the Federal Law "On Agricultural Cooperation" establishes property liability of the cooperative. A cooperative, as a legal entity, is liable for obligations with all its property (Article 56 of the Civil Code of the Russian Federation), unless otherwise provided by law.

For its obligations, the cooperative is responsible, first of all, with its own (not borrowed) funds. As a general rule, a cooperative is not liable for the obligations of its members, with the exception of cases specifically provided for by the Federal Law "On Agricultural Cooperation" and other legislation regulating the activities of agricultural cooperatives.

Members of the cooperative bear subsidiary liability for the obligations of the cooperative. Subsidiary liability of members of the cooperative is defined by Art. 1 of the Federal Law "On Agricultural Cooperation" as a liability additional to the liability of the cooperative for its obligations and arising in the event of the cooperative's inability to satisfy the claims of creditors presented to it within the established time limits.

Members of a production cooperative bear subsidiary liability for the obligations of the cooperative in the amount provided for by the charter of the cooperative, but not less than 0,5% of the mandatory share. The exact (but not less than the established) amount of responsibility for the members of each production cooperative is approved by the general meeting of members of this cooperative and is fixed in its charter.

The losses of the consumer cooperative are covered by:

1) at the expense of its reserve fund;

2) by making additional contributions by members of the cooperative.

The cooperative can provide for damages in these two ways at the same time. The decision on making an additional contribution for the fulfillment of obligations by the consumer cooperative and on the amount of this contribution is made by the general meeting.

If a person joins a cooperative, the management bodies of which have not notified him of the presence and amount of obligations of the cooperative, the court may invalidate the entry into the cooperative on the basis of Art. 179 of the Civil Code of the Russian Federation (i.e., to recognize the person who made the transaction under the influence of fraud).

Fraud can also consist in reporting false information, omission of facts that are important or may affect the transaction.

If the transaction is recognized as invalid, the person (as the victim) is returned everything received by the other party (cooperative) under the transaction; if it is impossible to return what has been received in kind, its value in money shall be reimbursed.

Property received by a person from a cooperative on the basis of joining, as well as due to him in compensation for that transferred to the cooperative, shall be transferred to the income of the Russian Federation.

24. The structure of the governing bodies of the cooperative

Article 19 of the Federal Law "On Agricultural Cooperation" is devoted to the structure of the governing bodies of the cooperative.

The cooperative is managed by:

1) general meeting of members of the cooperative (meeting of authorized persons);

2) the board of the cooperative;

3) the supervisory board of the cooperative, created in a consumer cooperative without fail, in a production cooperative if the number of members of the cooperative is at least 50.

The list of bodies that manage the cooperative given in the article is not exhaustive; it includes only the main organs.

The supreme governing body of the cooperative of any kind, including all agricultural cooperatives, is a general meeting or a meeting of delegates; without it, the functioning of the cooperative, cooperative democracy is impossible.

Executive agency - the board of the cooperative, but its creation is not unconditionally mandatory: according to Art. 26 of the Federal Law "On Agricultural Cooperation" in agricultural cooperatives, the chairman of the cooperative can be elected instead of the board (which is especially important for small cooperatives with less than ten members).

And in Art. 17 of the Federal Law "On Agricultural Cooperation" provides that the board is elected in a cooperative with more than ten members. The functions of the supervisory body in agricultural cooperatives are performed by the supervisory board.

In consumer agricultural cooperatives, it is created without fail.

In paragraph 1 of Art. 19 of the Federal Law "On Agricultural Cooperation" states that the supervisory board of a cooperative is created in a consumer cooperative without fail, in a production cooperative if the number of members of the cooperative is at least 50.

In agricultural cooperatives, other management bodies may also be formed that are not specified in the Federal Law "On Agricultural Cooperation".

This concerns, first of all, production cooperatives, since it turned out that small production cooperatives (less than 50 members) that do not create supervisory boards in accordance with this Law were left without their own control and audit bodies.

The presence of an audit commission was provided for by the Exemplary Charter of the collective farm, therefore such commissions were preserved in production cooperatives operating in the form of a collective farm.

The Federal Law "On Agricultural Cooperation" establishes the basic requirements regarding the powers of the governing bodies of the cooperative, the procedure for their election and activities. Specific agricultural cooperatives should be guided by them in the development of their charters.

25. Powers of the general meeting of the cooperative

Powers of the general meeting of the cooperative Art. 20 FZ "About agricultural cooperation". The general meeting of members of the cooperative is the supreme governing body of the cooperative and is authorized to resolve any issues related to the activities of the cooperative, including canceling or confirming the decisions of the board of the cooperative and the supervisory board of the cooperative.

The exclusive competence of the general meeting of members of the cooperative includes consideration and decision-making on the following issues:

1) approval of the charter of the cooperative, introduction of amendments and additions to it;

2) election of members of the management board of the cooperative and members of the supervisory board of the cooperative, hearing reports on their activities and termination of their powers;

3) approval of cooperative development programs, annual report and balance sheet;

4) establishing the amount of share contributions and other payments and the procedure for their payment by members of the cooperative;

5) the procedure for distributing profits (income) and losses among the members of the cooperative;

6) alienation of land and fixed assets of the cooperative, their acquisition;

7) determination of the types and sizes of the funds of the cooperative, as well as the conditions for their formation;

8) entry of a cooperative into other cooperatives, business partnerships and companies, unions, associations, as well as withdrawal from them;

9) the procedure for granting loans to members of the cooperative and establishing the amount of these loans;

10) creation and liquidation of representative offices and branches of the cooperative;

11) reorganization and liquidation of the cooperative;

12) admission and expulsion of members of a cooperative (for a production cooperative), other issues assigned by the Federal Law "On Agricultural Cooperation" to the exclusive competence of the general meeting of members of the cooperative.

In accordance with the general principles of cooperation, each member of the cooperative, regardless of the size of the share contribution, has one vote.

In order for the decision of the general meeting of the cooperative to come into force, the general meeting must comply with the normatively established procedure for making decisions. The main rules governing this procedure are contained in Art. 24 of the Federal Law "On agricultural cooperation", etc.

A decision on an issue that falls within the exclusive competence of the general meeting of members of the cooperative is considered adopted if at least two-thirds of the votes of the number of members present at the general meeting of the cooperative voted for it.

26. Meeting of delegates

In a cooperative with more than 200 members, the total meeting of cooperative members in accordance with the charter of the cooperative, it may be held in the form of a meeting of authorized representatives.

The number of authorized persons is determined based on the number of members of the cooperative at the end of the financial year. The provisions on the general meeting established by the Federal Law "On Agricultural Cooperation" and the charter of the cooperative are also valid in relation to the meeting of authorized representatives.

Commissioners are elected by open or secret ballot in accordance with the charter of the cooperative, which establishes:

1) the number of members of the cooperative from which one representative is elected;

2) the term of office of the said persons;

3) the procedure for their election.

The holding by large cooperatives of a general meeting of members of a cooperative in the form of a meeting of authorized persons is admissible, but not obligatory.

The Federal Law "On Agricultural Cooperation" does not mention meetings of authorized representatives. Consequently, this form of holding a general meeting is specific to agriculture and is associated, in particular, with the territorial remoteness of production units and rural settlements from each other, difficulties with transport and communication.

The possibility of convening a meeting of delegates was previously provided for in the collective farms. If a meeting of delegates is established in a cooperative, this must be noted in the charter.

In addition to the information listed in paragraph 4 of Art. 23 of the Federal Law "On Agricultural Cooperation", the charter must contain answers to the following questions: is the meeting of authorized persons the supreme governing body of the cooperative instead of the general meeting or does it act along with the general meeting; whether the competence of the general meeting and the meeting of delegates completely coincides, and if not, then the solution of which issues is the exclusive prerogative of the general meeting.

The most consistent with the principles of cooperative democracy would be a procedure in which the commissioners are elected at each meeting, or at least for a period not exceeding 1 year. Authorized persons cannot transfer their powers to other members of the cooperative.

27. Board of the cooperative and its powers

cooperative board is the executive body of the cooperative, carrying out the current management of its activities and representing the cooperative in economic and other respects.

The board of the cooperative is accountable to the supervisory board of the cooperative and the general meeting of members of the cooperative.

The law does not dwell in detail on the powers with which the general meeting of members of the cooperative is obliged to give the board. Only two of these powers are specifically identified: the implementation of the current management of the cooperative's activities and the representation of the cooperative in economic and other relations.

The board of the cooperative is elected by the general meeting of members of the cooperative for a period not exceeding two financial years and consists of at least three members. Members of the board of the cooperative must be members of the cooperative.

Powers of the board of the cooperative are terminated upon expiration of the term, after which the general meeting must re-elect the composition of this executive body.

The powers of each of the members of the board of the cooperative are terminated in connection with the termination of the powers of the entire composition of the board, as well as in the event that a member of the board is removed from his duties by decision of the general meeting of the cooperative (clause 6, article 26 of the Federal Law "On Agricultural Cooperation").

The requirement that only members of the cooperative can be members of the board of the cooperative corresponds to the general principle that does not allow unauthorized persons to interfere in the activities, and even more so in the management of the cooperative. The directorate is elected by the general meeting of members of the cooperative, since it is he who is responsible for electing the executive bodies, as well as approving the charter of the cooperative, which should include the appropriate clause on the election of the executive directorate.

The directorate is responsible in accordance with the charter of the cooperative.

This may include the obligation to hire a cooperative on the basis of an employment contract. A member of the board of a cooperative, along with accruals for shares and additional contributions, receives remuneration for work as a member of the board.

The amount of remuneration (wage) is determined and reviewed by the general meeting of members of the cooperative.

In an agricultural cooperative, including a production cooperative, there may be either a board or a chairman of the cooperative, i.e., instead of the board, the chairman of the cooperative may be elected.

If the chairman is elected instead of the board of the cooperative, all the powers that can be assigned to the board are assigned to him.

28. Responsibility of members of the board of the cooperative

Losses caused to the cooperative as a result of unfair performance of their duties by the members of the board of the cooperative are subject to compensation by them to the cooperative on the basis of a court decision.

If as a result of unscrupulous activities of the board the cooperative has suffered losses, then the cooperative itself, by decision of the general meeting, cannot decide to recover from the members of the board the amount of material damage. To do this, you must apply to the court, which will establish the validity of the claims.

In this case, the perpetrators of the harm bear joint and several liability. Joint liability means in this case that the agricultural cooperative has the right to demand the recovery of damage both from all the perpetrators of the harm (debtors) jointly, and from any of them separately, both in full and in part of the amount to be recovered.

If the cooperative has not received the amount due from one of the joint and several debtors, then it has the right to demand what was not received from the rest.

Solidary debtors remain liable until the amount is paid in full.

A member of the board of a cooperative is obliged, in accordance with the procedure established by law, to compensate for the losses caused by him to the cooperative, in cases where, in violation of the Federal Law "On Agricultural Cooperation" or the charter of the cooperative:

1) share contributions are paid in full or in part, dividends or cooperative payments are paid;

2) the property of the cooperative is transferred or sold;

3) cooperative payments are made after the insolvency of the cooperative or after the announcement of its insolvency (bankruptcy);

4) a loan is provided.

The presence of guilt of the members of the board of the cooperative in the occurrence of damage to the cooperative is a necessary condition for their liability.

Members of the board of the cooperative do not compensate losses to the cooperative if their actions are based on the decision of the general meeting.

Members of the board of the cooperative are not released from the obligation to compensate the losses caused by them to the cooperative as a result of the actions provided for in paragraph 4 of Art. 28 of the Federal Law "On Agricultural Cooperation", if these actions were performed with the approval of the general meeting.

At the same time, members of the management board are not released from liability if their actions are committed with the approval of the supervisory board. But this does not mean that the members of the supervisory board who approved the illegal actions themselves do not bear any responsibility.

They can be involved in joint and several compensation for harm together with the members of the board.

29. Powers of the supervisory board of the cooperative

Powers of the supervisory board of the cooperative enshrined in Art. 30 FZ "About agricultural cooperation". The supervisory board of the cooperative exercises control over the activities of the board of the cooperative. The supervisory board of the cooperative has the right to demand from the board a report on its activities, as well as to get acquainted with the documentation of the cooperative, check the state of the cash desk of the cooperative, the availability of securities, trade documents, conduct an inventory, and more.

Cooperative Supervisory Board is obliged to check the balance sheet, the annual report, to give opinions on proposals for the distribution of the annual income of the cooperative and on measures to cover the annual deficit. The supervisory board of the cooperative is obliged to report the results of the audit to the general meeting of members of the cooperative before the approval of the balance sheet. The supervisory board of the cooperative gives opinions on applications for admission to the membership of the cooperative and for withdrawal from the members of the cooperative. The supervisory board of the cooperative convenes a general meeting of the members of the cooperative, if necessary in the interests of the cooperative.

Chairman of the supervisory board of the cooperative performs the duties of chairman during meetings of general meetings of members of the cooperative, unless otherwise provided by the charter of the cooperative. The charter of a cooperative may provide for other powers of the members of the supervisory board of the cooperative.

Members of the supervisory board of a cooperative are not entitled to transfer their powers to other persons.

The supervisory board of the cooperative represents the cooperative if the cooperative has filed a claim against the members of the board of the cooperative in accordance with the decision of the general meeting of members of the cooperative. The consent of the supervisory board of the cooperative is required in the event of granting a loan to a member of the board of the cooperative, as well as in the event that a member of the board of the cooperative acts as a guarantor when granting a loan to a member of the cooperative. In the event of filing claims against members of the supervisory board, the cooperative is represented by authorized persons elected by the general meeting of members of the cooperative.

The supervisory board of the cooperative has the right temporarily, until the decision of the general meeting of members of the cooperative, which must be convened as soon as possible, to suspend the powers of the members of the board of the cooperative and assume the exercise of their powers. The provisions of Art. 28 of the Federal Law "On Agricultural Cooperation" on the responsibility of members of the board of the cooperative.

30. The concept of a peasant (farm) economy

Farming is a business enterprise whose business management includes and combines marketing, competent management of resources (including natural, financial, technical and human resources), planning and forecasting.

A farm is an association of citizens related by kinship and (or) property, having property in common ownership and jointly carrying out production and other economic activities (production, processing, storage, transportation and sale of agricultural products), based on their personal participation. 1 of the Federal Law of June 11, 2003 No. 74-FZ "On Peasant (Farm) Economy").

Along with farming in the countryside, peasant farms or personal subsidiary farms of rural residents exist and function. They, unlike farms, are of a consumer nature, have a different motivational mechanism.

The maintenance of a peasant or personal subsidiary farm is essentially an activity based on the labor of members of a peasant family, with minimal recourse to the market. This kind of activity for the production of agricultural products is focused mainly on the consumption of products within the farm itself and does not require legal registration of economic activity and the maintenance of official records. The development of such farms into farms is associated with the development of new technologies, an increase in the level of mechanization, and the general and professional culture of the peasants.

The state provides various types of support to the agro-industrial complex, farms, promotes their formation and implementation of their activities. The legal, economic and social foundations for the creation and operation of peasant (farm) enterprises are established by the Federal Law "On Peasant (Farm) Enterprises".

Peasant (farm) farms appeared during the period of perestroika and, in essence, replaced collective farm yards. Peasant (farm) economy is a relatively new organizational and legal form of agrarian entrepreneurship, which arose in connection with the implementation of agrarian reform.

In accordance with Art. 1 of the Federal Law "On a Peasant (Farm) Economy" a farm is an association of citizens related by kinship and (or) property, having property in common ownership and jointly carrying out production and other economic activities (production, processing, storage, transportation and sale of agricultural products ) based on their personal participation.

31. Creation of a peasant economy, its legal status

In accordance with the current legislation, a farm can be created by one citizen (clause 2, article 1 of the Federal Law "On a peasant (farm) economy"). According to paragraph 3 of Art. 1 of the Federal Law "On Peasant (Farm) Enterprises", the rules of civil law governing the activities of legal entities that are commercial organizations are applied to the activities of farms, unless otherwise provided by the legislation of the Russian Federation.

Farming is not a legal entity, but it is subject to the legislative norms binding on a legal entity.

With the entry into force of the Federal Law "On Peasant (Farm) Economy", peasant (farmer) farms operate without forming a legal entity (clause 3, article 1).

At the same time, paragraph 3 of Art. 23 of the Federal Law "On the Peasant (Farmer's) Economy" establishes that the peasant (farmer's) farms, which are established as legal entities in accordance with the Law of the RSFSR "On the Peasant (Farmer's) Economy", have the right to retain the status of a legal entity for the period until January 1, 2010 .".

Representatives of the tax authorities enter information about the farm into the state register of individual entrepreneurs and at the same time exclude them from the state register of legal entities. However, the change of legal status does not exempt from tax debts, if any.

In accordance with Art. 5 of the Federal Law "On the Peasant (Farmer's) Economy" a farm is considered to be established from the date of its state registration. According to paragraph 3 of Art. 1 of the Federal Law "On the Peasant (Farm) Economy", the rules of civil law that regulate the activities of legal entities that are commercial organizations are applied to the business activities of a farm carried out without forming a legal entity, unless otherwise follows from the federal law, other regulatory legal acts RF or the essence of legal relations.

A farm may be recognized as an agricultural commodity producer in accordance with the legislation of the Russian Federation.

Intervention of federal state authorities, state authorities of the subjects of the Russian Federation, local government bodies in the economic and other activities of a farm is not allowed, with the exception of cases provided for by the legislation of the Russian Federation.

The main type of activity of peasant (farm) farms is commercial agricultural production.

32. Composition of peasant farms

For creation of a farm and the implementation of its activities, land plots are provided and acquired from agricultural land in accordance with civil and land legislation.

The basis of the peasant economy are made up of three elements:

1) the presence of a certain property complex;

2) availability of a land plot provided for this purpose;

3) the presence of persons jointly leading a peasant economy.

Capable citizens of Russia, foreign citizens and stateless persons have the right to establish a farm.

In accordance with Art. 4 of the Federal Law "On a Peasant (Farm) Economy", citizens who have expressed a desire to create a farm, conclude an agreement among themselves. At the same time, the key requirement is that a citizen applying for the creation of a farm should have legal capacity.

In accordance with Art. 21 of the Civil Code of the Russian Federation, legal capacity is understood as the ability of a citizen to acquire and exercise civil rights, create civil obligations for himself and fulfill them (civil capacity).

The content of legal capacity includes the ability to perform both lawful and illegal actions.

Lawful transactions include transactions and other actions that do not contradict the law. When certifying a transaction that requires notarial registration, the notary is obliged to find out the legal capacity of the citizens participating in the transaction (Article 43 of the Fundamentals of Legislation on Notaries).

Misconduct (torts) give rise to obligations from causing harm, i.e., the duty of a citizen who caused property damage to another person by his unlawful actions to compensate for this damage (Chapter 59 of the Civil Code of the Russian Federation). In addition, in case of violation of a citizen's personal non-property rights or infringement of other intangible benefits belonging to him, as well as in other cases provided for by law, the court may impose on the violator the obligation to compensate for moral damage (Article 151 of the Civil Code of the Russian Federation).

In accordance with Art. 3 of the Federal Law "On the circulation of agricultural land" foreign citizens have the right to possess land plots only on the right of lease.

Internal Relations in a peasant (farm) economy are built on the basis of the institution of membership. The presence of only family ties is not sufficient grounds for recognizing the fact of membership in a farm. A prerequisite is joint activities for the management of the peasant economy.

The law allows the involvement of other citizens in the performance of work only in case of production necessity in compliance with the norms of labor legislation. Unlike members of a peasant farm, they do not become subjects of property rights and do not have the right to participate in the management of the (farm) farm.

33. Agreement on the establishment of a farm

Agreement on the establishment of a farm signed by all members of the farm and must contain information:

1) about members of the farm; in accordance with paragraph 2 of Art. 3 of the Federal Law "On the peasant (farm) economy" members of the farm can be:

a) spouses, their parents, children, brothers, sisters, grandchildren, as well as grandparents of each of the spouses, but not more than from three families. At the same time, it is indicated that only upon reaching the age of 16, children, grandchildren, brothers and sisters of members of the farm can be accepted as members of the farm;

b) citizens who are not related to the head of the farm. At the same time, a restriction was established: the maximum number of such citizens cannot exceed five people;

2) on the recognition of one of the members of this farm as the head of the farm, the powers of the head of the farm and the procedure for managing the farm; according to paragraph 1 of Art. 16 of the Federal Law "On the Peasant (Farmer's) Economy" one of the members of the farm is recognized as the head by mutual agreement of the members of the farm;

3) on the rights and obligations of members of the farm;

4) on the procedure for the formation of property of the farm, the procedure for possession, use, disposal of this property;

5) on the procedure for admission to the members of the farm and the procedure for withdrawing from the members of the farm;

6) on the procedure for distributing the fruits, products and incomes received from the activities of the farm (part 3 of article 4 of the Federal Law "On the peasant (farm) economy").

In addition, a farm can be created by one citizen (clause 2, article 1 of the Federal Law of the Russian Federation "On a peasant (farm) economy").

In this case, the conclusion of an agreement is not required (clause 1, article 4 of the Federal Law "On the peasant (farm) economy") and this citizen is the head of the farm (clause 1 of article 16 of the Federal Law "On the peasant (farm) economy").

By mutual agreement of the members of the farm, new members can be admitted to the farm on the basis of their application in writing (Article 14 of the Federal Law "On Peasant (Farm) Enterprise").

Paragraph 1 of Art. 3 of the Federal Law "On Peasant (Farm) Farming" establishes that both Russian citizens and foreign citizens and stateless persons have the right to establish a farm. At the same time, the key requirement is that a citizen applying for the creation of a farm should have legal capacity.

34. The concept of the Federal Law of the Russian Federation "On the peasant (farm) economy"

The concept of the Federal Law of the Russian Federation "On the peasant (farm) economy" It is as follows:

1) a farm is an association of citizens related by kinship, having property in common ownership and carrying out production activities, moreover, based on their personal participation in this activity for the production, storage, transportation and sale of agricultural products;

2) a farm cannot be registered as a legal entity. The farm carries out entrepreneurial activities without forming a legal entity, which corresponds to the provisions of Art. 23 of the Civil Code of the Russian Federation;

3) both Russian citizens and foreign citizens have the right to establish a farm;

4) in Art. 23 of the Civil Code of the Russian Federation, the head of a farm is recognized as an entrepreneur;

5) there are no qualification requirements for the head of a farm;

6) members of the farm can be spouses and their close relatives (parents, children, brothers, sisters, grandchildren, grandparents) without limiting their number, but not more than three families, as well as no more than five citizens who are not related to the head of the farm;

7) the number of citizens working in a farm under an employment agreement (employees) is not limited;

8) the founding document of a farm is the Agreement of its members on the establishment of a farm;

9) the procedure for possession, use and disposal of the property of a farm is determined by an agreement concluded between its members;

10) in the event of the withdrawal of members of the farm, a citizen has the right to receive only monetary compensation commensurate with his share in the common ownership of the property of the farm;

11) for the creation of a farm and the implementation of its activities, land plots are provided and acquired from agricultural land in accordance with civil and land legislation, and for the construction of buildings, structures and structures it is also allowed to provide and acquire them from lands of other categories;

12) the maximum size of land plots of a farm is established by the law of a constituent entity of the Russian Federation, but not less than 10% of the total area of agricultural land within the boundaries of one administrative-territorial entity at the time of granting and (or) acquiring these land plots.

35. Legal regime of property of a peasant (farm) economy

Legal regime of property expressed in the legislative consolidation of the powers to own, use and dispose of the property of the peasant economy. The peculiarity of the legal regime of the property of peasant (farmer) households is a different subject composition in property and land legal relations.

The legal regime of the property of a peasant economy is regulated by Ch. 3 of the Federal Law "On the peasant (farm) economy". In paragraph 1 of Art. 6 of the said Law lists the property of the farm.

In terms of its composition, the property of a peasant economy is quite diverse and is determined by the specifics of agricultural production. First of all, it is a land plot, which is an integral and special component of the property complex of the economy.

The list necessarily includes plantings, buildings for residential and household purposes, special facilities, productive and working livestock, various kinds of machinery, equipment and inventory.

The list is not closed, but a reservation has been made, according to which, a sign of the objects listed in it is the need for them to carry out the activities of the farm. In accordance with Art. 244 of the Civil Code of the Russian Federation, property may be owned by one, two or more subjects.

In cases where property is owned by two or more persons, they, while exercising possession, use and disposal of this property, must take into account the interests of other participants in common property, i.e., co-owners.

In order to ensure the coordination of the activities of participants in common property, the Civil Code of the Russian Federation formulated a set of legal norms governing common property (Chapter 16 of the Civil Code of the Russian Federation).

In accordance with paragraph 2 of Art. 6 of the Federal Law "On the peasant (farm) economy" the fruits obtained, the products produced and the income received by the farm as a result of the use of its property become common property, i.e., they become the common property of the members of the farm.

The shares of members of the farm in case of shared ownership of the property of the farm are established by agreement between the members of the farm. Members of the farm jointly own and use the property of the farm. The procedure for owning and using the property of the farm is determined by an agreement concluded between the members of the farm in accordance with Art. 3 of the Federal Law "On the peasant (farm) economy".

36. The order of disposal of the property of the farm

In accordance with Art. 253 of the Civil Code of the Russian Federation, the possession and use of jointly owned property is carried out by co-owners jointly and, unlike shared ownership, does not depend on the size of the contribution of each of them to the creation of common property.

Ownership and use of property being in shared ownership, is carried out by agreement of all its participants, and in case of objection of at least one of them - in the manner established by the court.

The procedure for disposing of property of a farm determined by an agreement concluded between members of the farm in accordance with Art. 4 of the Federal Law "On the peasant (farm) economy".

The disposal of the property of the farm is carried out by the head of the farm in the interests of the farm.

The unitary enterprises created by the peasant (farm) economy will also have a special legal regime of property.

The procedure for disposing of the property of the farm is determined by an agreement concluded between the members of the farm in accordance with Art. 4 of the Federal Law "On the peasant (farm) economy". In accordance with Art. 253 of the Civil Code of the Russian Federation, when one of the co-owners makes a transaction on the disposal of property that is in joint ownership, it is assumed that it was carried out with the consent of all co-owners, regardless of which of the participants makes the transaction on the disposal of property.

When disposing of property in shared ownership, the consent of all its participants is not summarized. Therefore, a participant in shared ownership has the right to dispose of the common property if he has the appropriate powers based on a power of attorney issued to him by other participants in shared ownership.

When disposing of common property, the principle applies: one participant in the right of common ownership - one vote. The size of the share is not taken into account. A unanimous decision of all co-owners is required. In the absence of unanimity, the dispute may be resolved by the court at the suit of any of the co-owners.

In case of paid alienation, the pre-emptive right to purchase a share by participants in shared ownership, provided for in Art. 250 of the Civil Code of the Russian Federation. The disposal of the property of the farm is carried out in the interests of the farm by the head of the farm.

For transactions made by the head of the farm in the interests of the farm, the farm is liable with its property, as defined in Art. 6 of the Federal Law "On the peasant (farm) economy".

37. Inheritance legal relations in a peasant economy

In the absence of an agreement between the members of the farm and the heir otherwise, the share of the testator in this property is considered equal to the shares of other members of the farm (part 2 of article 1179 of the Civil Code of the Russian Federation).

If a decision is made to accept the heir as a member of the household, the said compensation shall not be paid to the heir.

A situation is possible when, after the death of a member of the peasant (farm) economy, the economy is terminated, including due to the fact that the testator was the only member of the economy, and among his heirs there are no persons who wish to continue running the peasant (farm) economy.

In this case, the property of the peasant economy is subject to division between the heirs according to the rules of Art. 9 of the Federal Law of the Russian Federation "On the peasant (farm) economy" and Art. 258, 1182 of the Civil Code of the Russian Federation.

General rules for the division of property peasant (farm) economy established Art. 258 of the Civil Code of the Russian Federation. But the features of inheritance and division of land plots of the economy are determined by Art. 1181 and 1182 of the Civil Code of the Russian Federation.

In accordance with Art. 1112 of the Civil Code of the Russian Federation, the inheritance includes things belonging to the testator on the day the inheritance was opened, other property, including property rights and obligations. The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, as well as rights and obligations, the transfer of which in the order of inheritance is not allowed by the Civil Code of the Russian Federation or other laws.

Article 1181 of the Civil Code of the Russian Federation establishes that a land plot or the right of lifetime inheritable possession of a land plot that belonged to the testator by right of ownership is part of the inheritance and is inherited on the general basis established by the Civil Code of the Russian Federation.

The division of a land plot, which belongs to the heirs on the basis of common ownership, is carried out taking into account the minimum size of the land plot established for the purposes of running a peasant (farm) economy.

If it is impossible to divide a land plot if its size is less than the minimum size established for plots of peasant (farmer) farms, such land plot passes to the heir who has the priority right to receive this land plot on account of his inheritance share.

The heir, who, together with the testator, had the right of common ownership of an indivisible thing (Article 133 of the Civil Code of the Russian Federation), a share in the right, which is part of the inheritance, has, when dividing the inheritance, the pre-emptive right to receive things that were in common ownership on account of his hereditary share , before the heirs who were not previously participants in the common property, regardless of whether they used this thing or not.

38. Land for creating a farm, types of such land

To create a farm and carry out its activities, land plots from agricultural land can be provided and acquired (Article 11 of the Federal Law "On Peasant (Farm) Enterprise").

As part of agricultural land, agricultural land (arable land, hayfields, pastures, fallow land, vineyards and other perennial plantations) and non-agricultural land (on-farm roads, shelterbelts that are not included in the lands of the forest fund, rural forests and tree and shrub vegetation, closed reservoirs) are distinguished , not included in the lands of the water fund, lands under buildings, structures and structures used for the production, storage and primary processing of agricultural products, as well as inconvenient lands in the form of ravines, sands, salt marshes, swamps, etc.).

For the construction of buildings, structures and structures necessary for the implementation of the activities of a farm, land plots can be provided and acquired from agricultural land and land of other categories (clause 2, article 11 of the Federal Law "On a peasant (farm) economy"). According to Art. 7 of the Land Code of the Russian Federation, land in the Russian Federation for its intended purpose is divided into 7 categories:

1) agricultural land;

2) lands of settlements;

3) lands of industry, energy, transport, communications, broadcasting, television, informatics, lands for space activities, lands for defense, security and lands for other special purposes;

4) lands of specially protected territories and objects;

5) lands of the forest fund;

6) lands of the water fund;

7) reserve land.

Land plots provided and acquired for the creation of a farm and the implementation of its activities are formed in accordance with the land legislation of the Russian Federation.

The minimum size of land plots is not established for farms whose main activity is horticulture, greenhouse vegetable growing, floriculture, viticulture, seed farming, poultry farming, beekeeping, fish farming or other activities for the production of agricultural products using technology that allows the use of land plots that are smaller than the minimum size of land plots established by the laws of the constituent entities of the Russian Federation (part 7 of article 12 of the Federal Law "On peasant (farm) farming").

39. The procedure for providing land plots for the creation of a farm and the implementation of its activities

In Art. 12 of the Federal Law "On the peasant (farm) economy" is indicated procedure for granting land plots from agricultural land in state or municipal ownership, to create a farm and carry out its activities.

Citizens who are interested in providing them with land plots from agricultural land owned by the state or municipality for the creation of a farm and the implementation of its activities, submit applications to the executive body of state power or local self-government body, in which they must indicate: 1 article 12 of the Federal Law "On the peasant (farm) economy"):

1) the purpose of using land plots (creation, implementation of the activities of a farm, its expansion);

2) the requested right to the provided land plots (in ownership or lease);

3) conditions for granting land plots for ownership (for a fee or free of charge);

4) term of lease of land plots;

5) justification of the size of the provided land plots (number of members of the farm, types of activities of the farm);

6) the proposed location of land plots.

The application is accompanied by an agreement concluded between the members of the farm in accordance with Art. 4 of the Federal Law "On the peasant (farm) economy".

local government or on his behalf, the relevant land management organization on the basis of the application specified in paragraph 1 of Art. 4 of the Federal Law "On the peasant (farm) economy", or the appeal of the executive body of state power, taking into account the zoning of territories, within a month ensures the preparation of a draft of the boundaries of the land plot and approves it.

Executive agency state power or local self-government within 14 days makes a decision on granting the requested land plot to the property for a fee or free of charge or for rent with the addition of a draft of its boundaries (part 4 of article 12 of the Federal Law "On Peasant (Farm) Farming").

The contract for the sale or lease of a land plot for the creation, implementation of activities or expansion of a farm is concluded within 7 days after the applicant submits a cadastral map (plan) of the land plot to the executive body of state power or local government (part 5 of article 12 of the Federal Law " About the peasant (farm) economy).

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.

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).

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.

43. Features of the termination of the farm

Should be considered a number of features of the termination of farming in Art. 1 and Art. 9 of the Federal Law "On the peasant (farm) economy".

It is especially necessary to pay attention to the reservation made by the legislator in Art. 22 of the Federal Law "On the Peasant (Farm) Economy" unless otherwise follows from the federal law, other regulatory legal acts of the Russian Federation or the essence of the legal relationship. In this case, it must be borne in mind that, on the basis of the old version of the Law of the RSFSR "On Peasant (Farm) Economy", farms were created as legal entities, and only after the new Civil Code of the Russian Federation was adopted, they began to acquire the status of an individual entrepreneur without forming a legal entity. faces.

The agrarian reform gave some impetus to the development of capitalist relations in the Russian countryside, but could not ensure the progress of the productive forces of the agrarian sector due to the primitiveness of agricultural production.

The revolutionary events that took place later led to the fact that the emerging layer of farms in Russia was completely destroyed, and the transfer of land to the ownership of the peasants had to be forgotten for many years. After the proclamation of the agrarian and land reform in 1990-1992, a new stage began in the history of the transformation of domestic agriculture.

The formation of a competitive environment in the agrarian sector of the country's economy has become one of the main goals that the reformers are aimed at achieving.

However, the process of transferring agriculture to market rails was difficult and contradictory. In 1991, the reform took the first practical steps in the formation of a diversified agrarian economy.

One of these arrangements was farming - a small form of agribusiness on a family basis.

Currently, about 264 thousand farms are registered in the Russian Federation, 14,3 million hectares of land are assigned to them.

The historical, geopolitical and economic conditions for the functioning of the Russian agricultural sector in Russia are such that the farming way of life cannot be dominant, as in Western countries.

However, in Russia, family farms can, under certain conditions, become a significant component of a multi-structural agrarian economy.

44. Reorganization of the cooperative

Reorganization of the cooperative - this is the termination of the activities of the cooperative with the transfer of its rights and obligations to a newly created legal entity.

The reorganization of a cooperative as a legal entity is a change in its legal status carried out in accordance with the law. In paragraph 1 of Art. 41 of the Law "On Agricultural Cooperation" states that the reorganization of a cooperative is carried out by decision of the general meeting of members of the cooperative in accordance with the civil legislation of the Russian Federation.

The Civil Code of the Russian Federation stipulates that the reorganization of an agricultural cooperative can take place in various forms: merger, accession, division, separation, transformation. A cooperative, carrying out reorganization in any of the above ways (except for transformation, where this is inevitable), may or may not create a different organizational and legal form. In this case, the cooperative may choose any of the forms provided for by civil law.

During the reorganization, economic organizations that are not legal entities may be formed.

After the reorganization, all the rights and obligations of the cooperative are transferred to the new entity (or entities), which will be its legal successors.

During reorganization by merger, the cooperative unites with other entities and a new organization is formed.

In the event of a merger, a new economic organization is not formed, and one or more entities are part of (“absorbed”) another legal entity (or other entity) that continues to exist. As a result of the division, the cooperative ceases to exist, and on the basis of its property, several new entities arise - its successors.

Allocation - this is a procedure during which a new legal entity is formed on the basis of part of the property of the former legal entity (part 1 of article 57 of the Civil Code of the Russian Federation).

Rights and obligations in this case are transferred to legal entities in accordance with the separation balance sheet (Article 58 of the Civil Code of the Russian Federation). In some cases, the reorganization of a cooperative in the form of its division or the separation of one or more legal entities from its composition is carried out by a court decision.

The members of the reorganized cooperative become members of the newly formed cooperatives.

transformation, as already mentioned, this is a change in the legal form of a legal entity.

Reorganization, in accordance with the Federal Law of the Russian Federation "On Agricultural Cooperation", includes the transformation of a cooperative into another form provided for by the Civil Code of the Russian Federation, as well as the transformation of a production cooperative into a consumer cooperative or vice versa.

A cooperative is considered reorganized, except for cases of reorganization in the form of affiliation, from the moment of state registration of newly emerged legal entities. Agricultural organizations can be transformed into cooperatives.

45. Liquidation of the cooperative

Liquidation of the cooperative - termination of the cooperative's activities without the transfer of the rights and obligations of the cooperative in the order of succession to other persons - is carried out in the same way as the liquidation of any legal entity provided for by civil law (Article 61 of the Civil Code of the Russian Federation). The same can be said about the grounds for the liquidation of the cooperative, listed in paragraph 2 of Art. 42 FZ "About agricultural cooperation".

An agricultural cooperative may be liquidated in certain cases:

1) by decision of the general meeting, including in connection with the expiration of the period for which the cooperative was created, with the achievement of the purpose for which it was created, or with the recognition by the court of invalid registration of the cooperative in connection with violations of the Federal Law of the Russian Federation "On Agricultural cooperation”, other laws or legal acts, if these violations are irreparable;

2) by a court decision in the event of carrying out activities without a proper permit (license), or activities prohibited by law, or activities with other repeated or gross violations of the Federal Law "On Agricultural Cooperation", other laws or legal acts;

3) in case of declaring the cooperative bankrupt by the court or in case of its declaration of bankruptcy in the manner prescribed by law;

4) in other cases stipulated by the legislation of the Russian Federation.

Violation of the legislation on the creation of a cooperative, which may entail its liquidation, is non-compliance with the requirements of Ch. 2 "Establishment of a cooperative" of the Federal Law "On agricultural cooperation" and other legislation regulating the creation of legal entities. In addition, the principles of the creation and functioning of a cooperative, set out in Art. 2 FZ "About agricultural cooperation".

In accordance with Art. 61 and 65 of the Civil Code of the Russian Federation, on the basis of declaring an organization bankrupt, not only a production cooperative as a commercial organization, but also a consumer cooperative can be liquidated.

The basic rules for declaring a legal entity bankrupt are provided for in Art. 65 of the Civil Code of the Russian Federation, and the Law "On Insolvency (Bankruptcy)" of enterprises regulated in detail the main issues of declaring an organization bankrupt.

Insolvency (bankruptcy) is understood as the inability of a legal entity to satisfy the claims of creditors for payment for goods (works, services), including the inability to ensure mandatory payments to the budget and extra-budgetary funds, due to the excess of the debtor's obligations over his property or due to the unsatisfactory structure of the debtor's balance sheet.

46. Obligations of the board of the cooperative in the event of signs of insolvency (bankruptcy)

The requirement to liquidate the cooperative on the grounds specified in paragraph 2 of Art. 42 of the Federal Law "On Agricultural Cooperation", may be brought to court by a state body or local government, which is granted the right to make such a claim by law.

The grounds for declaring a cooperative bankrupt by a court or for declaring a cooperative about its bankruptcy, as well as the procedure for liquidating such a cooperative are established by the law on the insolvency (bankruptcy) of agricultural organizations. In the event of the occurrence of signs of insolvency (bankruptcy) of the cooperative established by law, the board of the cooperative is obliged (part 5 of article 42 of the Federal Law "On Agricultural Cooperation"):

1) send a request for an audit of the financial and economic activities of the cooperative to the audit union, of which the cooperative is a member;

2) to familiarize the supervisory board of the cooperative with the conclusion of the audit union on the results of the audit of the financial and economic activities of the cooperative;

3) develop an action plan to prevent insolvency (bankruptcy) of the cooperative.

If the board of the cooperative and the supervisory board of the cooperative decide on the need to apply to the arbitration court with the debtor's application for declaring the cooperative bankrupt, or if the bankruptcy creditor or authorized bodies apply to the arbitration court for declaring the cooperative bankrupt, the supervisory board of the cooperative or the board of the cooperative are obliged to convene a general meeting of members of the cooperative.

In accordance with Part 6 of Art. 42 of the Federal Law "On Agricultural Cooperation", the supervisory board or the board of the cooperative at the general meeting of members of the cooperative are obliged to:

1) to familiarize the members of the cooperative and associated members of the cooperative with the right to vote with the conclusion of the audit union on the results of the audit of the financial and economic activities of the cooperative and on the reasons that led the cooperative to bankruptcy;

2) to elect a representative of the members of the cooperative during the bankruptcy proceedings of the cooperative;

3) adopt an action plan to protect the legitimate interests of members of the cooperative, associate members of the cooperative and employees of the cooperative.

47. The first stage of the liquidation of the cooperative

The first stage - this is the establishment of the terms during which claims can be brought against a legal entity.

The board of the cooperative, on behalf of the general meeting of members of the cooperative, or the body that made the decision to liquidate the cooperative, are obliged to immediately inform in writing the body that carries out state registration and which enters into the unified state register of legal entities information that this cooperative is in the process of liquidation (clause 1, article 43 of the Federal Law "On Agricultural Cooperation").

Further, the general meeting of members of the cooperative or the body that made the decision to liquidate the cooperative, appoint a liquidation commission (liquidator) and, in accordance with the law, establish the procedure and terms for the liquidation of this cooperative.

At the request of the general meeting of members of the cooperative, by a court decision on the liquidation of the cooperative, its board may be obligated to carry out the liquidation of this cooperative (clause 2, article 43 of the Federal Law "On Agricultural Cooperation").

From the moment of appointment of the liquidation commission (liquidator), the powers to manage the affairs of this cooperative are transferred to it. The liquidation commission (liquidator) acts in court on behalf of the liquidated cooperative (clause 3, article 43 of the Federal Law "On Agricultural Cooperation").

The liquidation commission (liquidator) places in the official printed organ, which publishes information on the state registration of the cooperative, a publication on its liquidation, the procedure and deadline for filing claims by creditors.

This period cannot be less than 2 months from the date of publication of information on the liquidation of the cooperative (clause 4, article 43 of the Federal Law "On Agricultural Cooperation").

The liquidation commission (liquidator) takes measures to identify creditors and receive receivables, and also notifies creditors in writing of the liquidation of the cooperative (clause 5, article 43 of the Federal Law "On Agricultural Cooperation").

At the end of the term for submitting claims by creditors, the liquidation commission (liquidator) draws up an interim liquidation balance sheet, which contains information on the composition of the property of the liquidated cooperative, a list of claims submitted by creditors, as well as information on the results of their consideration (clause 6, article 43 of the Federal Law "On Agricultural Cooperation" ).

The interim liquidation balance sheet is approved by the general meeting of members of the cooperative or by the body that made the decision to liquidate the cooperative, in agreement with the audit union (clause 7, article 43 of the Federal Law "On Agricultural Cooperation").

48. The second stage of the liquidation of the cooperative

The second stage - this is the adoption of measures to collect receivables to a legal entity and the identification of all claims of creditors.

After the decision to liquidate the cooperative is made, the members of the cooperative who have not fully paid their mandatory share contributions are obliged to pay them within the time limits determined by the general meeting of members of the cooperative. When compiling the liquidation balance sheet, the indicated share contributions are considered as fully paid (clause 8, article 43 of the Federal Law "On Agricultural Cooperation").

The ratio of the responsibility of the cooperative and the members of the cooperative for its obligations during the period of liquidation is decided by the Law "On Agricultural Cooperation" in several directions:

1) the requirement that members of the cooperative make mandatory contributions in full within the time limits determined by the decision of the general meeting (clause 8, article 43 of the Law "On Agricultural Cooperation");

2) the general meeting of members of the cooperative has the right to oblige the members of the cooperative to make additional contributions, but only if the property and funds of the cooperative are insufficient to satisfy the claims of creditors.

The first corresponds to the obligation of a member of the cooperative to pay the obligatory share and thus make up for the missing part of the property of the cooperative. The second should be distinguished from the right of a cooperative member to make an additional contribution during the period of establishment and operation of the cooperative. In this case, this is an additional contribution in the form of subsidiary liability (this is indicated by Article 37 and Clause 4 of Article 44 of the Federal Law "On Agricultural Cooperation").

The purpose of making this additional contribution is not to generate income, but to satisfy the requirements of creditors. Therefore, this type of additional contributions is not subject to the general principle of voluntariness of their introduction, established by Art. 1 FZ "About agricultural cooperation".

At the same time, within the meaning of Art. 37 of the Federal Law "On Agricultural Cooperation", members of a consumer cooperative are required to make additional contributions in the event of subsidiary liability for the debts of a cooperative of this type and during its activity, while members of a production cooperative established by the commented article must make additional contributions in connection with a single event - liquidation cooperative.

In other cases, when a production cooperative has difficulties with debt repayment, this form of replenishment of the cooperative's property is inapplicable without the voluntary consent of the members of the cooperative.

The amount of subsidiary liability of members of a cooperative has a certain limit, determined by the charter of the cooperative (Articles 1, 37 and other articles of the Federal Law "On Agricultural Cooperation").

49. Completion of the liquidation of the cooperative

Completion of liquidation of the cooperative regulated by Art. 44 FZ "About agricultural cooperation". The liquidation commission (liquidator) pays money to the creditors of the liquidated cooperative in the order of priority established by Art. 64 of the Civil Code of the Russian Federation, in accordance with the interim liquidation balance sheet starting from the date of its approval, with the exception of fifth priority creditors, payments to which are made after a month from the date of approval of the interim liquidation balance sheet.

After completion of settlements with creditors, the liquidation commission (liquidator) draws up a liquidation balance sheet, which is approved by the general meeting of members of the cooperative or by the body that made the decision to liquidate the cooperative, in agreement with the audit union, which includes the liquidated cooperative.

The established Art. 44 of the Federal Law "On Agricultural Cooperation", the stages of liquidation of the cooperative almost completely correspond to the procedure determined by the Civil Code of the Russian Federation. The exception is that the liquidation balance sheet is consistent not only with the body that carries out the state registration of the cooperative, but also with the audit union in accordance with its authority (Article 31 of the Federal Law "On Agricultural Cooperation").

When a cooperative is liquidated, its social infrastructure facilities included in the indivisible fund of the cooperative are not subject to division and are transferred on the basis of a decision of the general meeting of members of the cooperative to other agricultural organizations in the manner prescribed by Art. 10 FZ "About agricultural cooperation".

The property of the liquidated cooperative remaining after satisfaction of creditors' claims shall be transferred to the members of the cooperative and distributed among them.

In this case, the cost of share contributions of associate members is paid first. Then the members of the liquidated cooperative are paid the cost of additional contributions made by them in the order of subsidiary liability, and the cost of additional share contributions. The remaining funds or other property of the cooperative are distributed among the members of the liquidated cooperative in proportion to their shares, unless otherwise provided by the charter of this cooperative (clause 4, article 44 of the Federal Law "On Agricultural Cooperation").

The Civil Code of the Russian Federation (Article 63) does not detail the order of transfer of property of a legal entity remaining after satisfaction of creditors' claims.

The liquidation of a cooperative is considered completed, and the cooperative is considered liquidated after an entry on the liquidation of this cooperative is made in the unified state register of legal entities, about which the body carrying out state registration publishes the relevant information in the official print organ (clause 5, article 44 of the Federal Law "On Agricultural Cooperation" ").

50. The concept and content of state regulation of agro-industrial production

State regulation of agro-industrial production should be understood as the influence of the state on the production, processing and sale of agricultural products. products, as well as raw materials and foodstuffs. Agro-industrial production includes the maintenance and logistics of this production.

The main objectives of the regulation of agro-industrial production are the stabilization and development of this production, ensuring the security of the Russian Federation in the field of food, improving the food supply of the population of the Russian Federation, maintaining economic partnership between agriculture and other sectors of the economy, bringing together producers in the field of agro-industrial production.

Starting from July 26, 1997, agro-industrial production in the Russian Federation was regulated by the Federal Law "On State Regulation of Agro-Industrial Production".

It was this legal act that gave the basic concept of regulation of agro-industrial production. But already from January 1, 2005, the Federal Law of the Russian Federation "On State Regulation of Agro-Industrial Production" became invalid on the basis of Federal Law No. 22-FZ of August 2004, 122.

At the moment, the regulation of agro-industrial production is carried out on the basis of several regulatory legal acts, the main of which is the Labor Code of the Russian Federation and many other acts. The main directions of state regulation of agro-industrial production are:

1) formation and functioning of the market for agricultural products, raw materials and food;

2) financing, lending, insurance, preferential taxation;

3) protecting the interests of domestic producers in the implementation of foreign economic activity;

4) development of science and implementation of scientific activities in the field of agro-industrial production;

5) development of the social sphere of the village;

6) other directions determined by the legislation of the Russian Federation.

Commodity producers in the field of agro-industrial production are guaranteed the opportunity to freely sell agricultural products, raw materials and food. State authorities stimulate the formation of a market system for the marketing and sale of agricultural products, raw materials and foodstuffs in accordance with the current legislation, and in cases of violation of the balance of production and consumption, as well as the impossibility of selling agricultural products, raw materials and foodstuffs of their individual types on the market, the state acts as a guarantor of their sales in accordance with the legislation of the Russian Federation.

51. Financing of agro-industrial production

The State implements financing of agro-industrial production at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and extra-budgetary sources. Federal budget funds allocated to support and develop agro-industrial production are used for:

1) support for investment activities, including the acquisition of new machinery and equipment, varietal seeds and breeding animals, in accordance with federal targeted programs;

2) increasing soil fertility, carrying out land reclamation measures, maintaining state land reclamation systems, carrying out work to combat pests and diseases of agricultural crops, preventing and eliminating quarantine and especially dangerous infectious diseases of animals, as well as conducting scientific research and environmental protection measures;

3) lending and insurance in the field of agro-industrial production;

4) compensation of part of the costs for the acquisition of material resources and energy carriers, subsidies to support livestock breeding, elite seed production and the production of hybrid seeds of agricultural crops;

5) development and support of the market for agricultural products, raw materials and food;

6) organization of professional training, advanced training and retraining of personnel in the field of agro-industrial production;

7) other types of subsidies and compensations; specific areas and amounts of funding for them are established by the Government of the Russian Federation. Financing the development of agro-industrial production is allowed at the expense of local budgets and funds from other sources, if this does not contradict the legislation of the Russian Federation. When forming the federal budget, the Government of the Russian Federation annually sends information to the State Duma of the Federal Assembly of the Russian Federation on the state of affairs in agro-industrial production, which contains:

1) indicators of production of the main types of agricultural products, raw materials and food for the past year and an assessment of the prospects for the development of agro-industrial production for the next year;

2) balances of production and consumption of the main types of agricultural products, raw materials and food;

3) analysis of the dynamics of prices for agricultural products, raw materials and food, prices and tariffs for material and technical resources and services for the village;

4) data on the level of income of agricultural organizations and peasant (farm) holdings;

5) a report on the implementation of federal targeted programs for the past year.

52. Pledge of agricultural products, raw materials and food with the participation of the state

When pledging agricultural products, raw materials and food with the participation of the state pledge holders are legal entities authorized by the Government of the Russian Federation to exercise pledge, and pledgors are commodity producers in the field of agro-industrial production.

The list of agricultural products, raw materials and foodstuffs pledged as collateral, mortgage rates, the procedure for using agricultural products, raw materials and foodstuffs acquired in accordance with the established procedure in the ownership of the state and other conditions of this pledge are determined by the Government of the Russian Federation.

The subject of pledge can be both already produced agricultural products and products of the future harvest.

The participation of the state in the pledge of agricultural products, raw materials and food is carried out in the following forms:

1) allocation of budgetary resources;

2) lending;

3) the allocation of budgetary appropriations or lending necessary to compensate for the costs of storage and processing of agricultural products, raw materials and foodstuffs acquired in the prescribed manner in the ownership of the state.

A pledge of agricultural products, raw materials and foodstuffs may be terminated at the initiative of the pledgor with the fulfillment of the obligation secured by the pledge or the acquisition in accordance with the established procedure of the pledged agricultural products, raw materials and foodstuffs into the ownership of the state. The pledged agricultural products, raw materials and foodstuffs acquired in state ownership are used for carrying out state commodity interventions, forming state food funds and for other purposes.

The use and sale of these agricultural products, raw materials and food is determined by the Government of the Russian Federation. Pledge of agricultural products, raw materials and foodstuffs without the participation of the state is carried out in accordance with the provisions of civil law.

To stabilize the market for agricultural products, raw materials and foodstuffs, the state carries out purchasing and commodity interventions on it. Purchasing interventions are carried out in the form of organizing purchases and conducting pledge transactions with agricultural products, raw materials and food, and commodity interventions - in the form of organizing their sale from federal and regional food funds.

53. Fundamentals of economic relations in the market of agricultural products, raw materials and food

The basis of economic relations in the market of agricultural products, raw materials and food are market (contractual) prices, which are formed under the influence of supply and demand.

Guaranteed prices for agricultural products, raw materials and foodstuffs are applied if the average market prices are lower than guaranteed, as well as when selling agricultural products, raw materials and foodstuffs directly to the state or when making additional payments to producers in the field of agro-industrial production in cases provided for by the Government of the Russian Federation.

The guaranteed price is calculated on the basis of the target price and is set by the public authorities. The guaranteed price should ensure that agricultural producers, taking into account other forms of state support, receive income sufficient for expanded reproduction, in accordance with the goals determined by the economic policy of the state for the coming period.

The list of agricultural products, raw materials and foodstuffs for which guaranteed prices are established, the volumes (quotas) of their sale at guaranteed prices, the level of guaranteed prices and their indexation, as well as the procedure for applying guaranteed prices are established by the Government of the Russian Federation.

Target prices (normative indicators) are established by the Government of the Russian Federation to ensure a parity ratio of prices for industrial and agricultural products, to cover the costs caused by the collection of taxes and other payments, the payment of interest on loans, the receipt by agricultural workers of incomes at the level of the average income of workers in sectors of the economy and profit, sufficient to conduct expanded reproduction.

Target prices (normative indicators) for agricultural products, raw materials and food are used as the basis for establishing guaranteed prices for agricultural products, raw materials and food, collateral rates for collateral from agricultural products, raw materials and food, as well as for calculating subsidies and compensation to agricultural producers provided by the legislation of the Russian Federation.

The procedure for using the target price (normative indicator) to ensure a parity ratio of prices for industrial and agricultural products, cover expenses caused by the collection of taxes and other payments, pay interest on loans, receive agricultural workers income at the level of the average income of workers by economic sectors and make a profit determined by the Government of the Russian Federation.

54. Methods and forms of state regulation of agriculture and management of the agro-industrial complex

Under government regulation methods is understood as a set of certain ways of influencing all participants in agrarian legal relations by state authorities in the process of implementation by these bodies of the tasks and functions assigned to participants in agrarian legal relations.

In the current situation, the need for a systematic, comprehensive analysis of the activities of state bodies in this particular area of economic management is very important.

Therefore, forms and methods are very important for the study of regulatory activity. There are several methods of state regulation of agriculture. The main ones are economic and administrative.

The use of administrative methods of influence is connected with the implementation of control over the observance of legislation by rural producers, the need to ensure the rational use of land, other natural resources, the quality of agricultural raw materials and food, etc. Administrative methods are presented by the method of direct instructions and prohibitions from the state in relation to participants in agricultural relations.

Administrative and economic methods are the main methods in the activities of state bodies for the regulation of agriculture.

They complement each other, so it is impossible to oppose them. The most optimal implementation of activities in the field of agricultural regulation can be achieved only with the unity of these methods.

Other methods of state regulation of agriculture are also important: persuasion, permission, the method of direct prescriptions, recommendatory. The most common method is persuasion. This method of influencing social relations is a complex of educational, explanatory and encouraging actions that are carried out in order to ensure high organization and discipline.

This method acts as a constant explanatory, educational work that helps employees acquire and deepen their own experience, disseminate the achievements of science and technology, improve legal culture, and morally and materially encourage employees. In practice, the method of permission is increasingly used.

The basis of this method is the improvement of independence in the activities of farms, a significant increase in qualified personnel, and an increase in the activity of agricultural producers in the management of production.

When using this method, state bodies grant the right to agricultural enterprises themselves to solve a particular issue. These include acts that indicate specific behavior that does not allow any deviations, and which guide the subject in economic and production activities.

55. Ministry of Agriculture

Activities of the Ministry of Agriculture regulated by the regulation "On the Ministry of Agriculture" dated March 24, 2006. The Ministry of Agriculture of the Russian Federation (Ministry of Agriculture of Russia) is a federal executive body.

The Ministry of Agriculture of the Russian Federation coordinates and controls the activities of the Federal Service for Veterinary and Phytosanitary Surveillance and the Federal Agency for Fisheries under its jurisdiction.

The Ministry of Agriculture of the Russian Federation is guided in its activities by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, and the Regulation "On the Ministry of Agriculture" carries out its activities in cooperation with other federal executive bodies, bodies executive authorities of the constituent entities of the Russian Federation, local governments, public associations and other organizations.

The Ministry of Agriculture has a huge range of powers, which are indicated in Art. 5 of the Regulations "On the Ministry of Agriculture of the Russian Federation".

The Ministry of Agriculture of the Russian Federation is headed by a minister appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation.

The Minister is personally responsible for the fulfillment of the powers assigned to the Ministry of Agriculture of the Russian Federation and the implementation of state policy in the established field of activity. The minister has deputies who are appointed and dismissed by the Government of the Russian Federation. The number of Deputy Ministers is established by the Government of the Russian Federation. Structural subdivisions of the Ministry of Agriculture of the Russian Federation are departments for the main activities of the Ministry. Departments are made up of divisions.

Financing of expenses for the maintenance of the Ministry of Agriculture of the Russian Federation is carried out at the expense of funds provided for in the federal budget.

The Ministry of Agriculture of the Russian Federation is a legal entity, has a seal with the image of the State Emblem of the Russian Federation and with its name, other seals, stamps and forms of the established form and accounts opened in accordance with the legislation of the Russian Federation.

The location of the Ministry of Agriculture of the Russian Federation is Moscow (Decree of the Government of the Russian Federation of March 24, 2006 "On approval of the regulation on the Ministry of Agriculture of the Russian Federation and on the invalidation of certain decisions of the Government of the Russian Federation.

56. Rosselkhoznadzor as a body

Activities of Rosselkhoznadzor regulated by the regulation on the Federal Service for Veterinary and Phytosanitary Supervision, approved by Government Decree of June 30, 2004 No. 327 "On Approval of the Regulations on the Federal Service for Veterinary and Phytosanitary Supervision". Rosselkhoznadzor is a federal executive body that exercises control and supervision functions in the field of veterinary medicine, quarantine and plant protection, the use of pesticides and agrochemicals, ensuring soil fertility, selection achievements, protection, reproduction, use of wildlife objects classified as hunting objects, aquatic biological resources and their habitat, as well as functions to protect the population from diseases common to humans and animals (clause 1 of the Regulation).

Rosselkhoznadzor is guided in its activities by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government, international treaties of the Russian Federation, acts of the Ministry, as well as the Regulations on Rosselkhoznadzor (clause 3 of the Regulations).

Rosselkhoznadzor is independent in exercising its powers established by federal laws, acts of the Russian Federation and the Government. In exercising its powers, the Rosselkhoznadzor directly interacts with other state authorities and local self-government bodies, unless otherwise established by federal laws, acts of the President of the Russian Federation and the Government.

The structure of the central office of Rosselkhoznadzor includes the leadership of Rosselkhoznadzor (Head of Rosselkhoznadzor, his deputies) and the Office of Rosselkhoznadzor. Departments are being created as part of the departments of the Rosselkhoznadzor.

The structure and staffing of the central office of the Rosselkhoznadzor are approved by the Head of the Rosselkhoznadzor (within the limits of the wage fund and the number of employees established by the Government). The staff list of the Rosselkhoznadzor includes positions provided for by the list of positions of the federal state civil service.

Rosselkhoznadzor departments ensure the activities of Rosselkhoznadzor and perform their functions in accordance with these Regulations, their provisions approved by the Head of Rosselkhoznadzor, as well as instructions from the Head of Rosselkhoznadzor and his deputies.

Planning and organization of the work of the Rosselkhoznadzor and its territorial bodies is carried out by the Head of the Rosselkhoznadzor. Rosselkhoznadzor organizes its work and the work of territorial bodies in accordance with the plans and performance indicators approved by the Minister. Plans and performance indicators of the Rosselkhoznadzor and its territorial bodies are submitted to the Government by the Minister.

The Administrative Department of the Rosselkhoznadzor checks the compliance of draft orders with the norms of the legislation of the Russian Federation.

Author: Zavrazhnykh M.L.

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