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Table of contents

7. Peasant (farm) farms (The concept of a peasant (farm) economy. Composition of a peasant economy. Regulatory and legal framework for the organization and activities of peasant (farmer) farms. The legal regime of property of a peasant (farm) economy. The procedure for providing land for the creation of a farm and its implementation activities. Members of the farm. Head of the farm. Activities of the farm. Termination of the activities of peasant farms)
8. Reorganization and liquidation of a cooperative (Reorganization of a cooperative. Liquidation of a cooperative. Procedure for the liquidation of a cooperative. Completion of the liquidation of a cooperative)
9. State regulation of agro-industrial production in the Russian Federation (The concept and content of state regulation of agro-industrial production. Methods and forms of state regulation of agriculture and management of the agro-industrial complex. The Ministry of Agriculture, as a federal executive body exercising powers in the field of agricultural management. Rosselkhoznadzor as a body exercising state control in the field of agriculture)

LECTURE No. 7. Peasant (farm) households

1. The concept of a peasant (farm) economy

Peasant (farm) farming in Russia dates back to Stolypin's agrarian reforms, the essence of which was that each peasant, by the Tsar's Decree of November 9, 1906, was allowed to leave the community with his allotment and become an independent and independent owner.

After the proclamation in 1990-1992. agrarian and land reform began a new stage 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 to achieve which the actions of the reformers were aimed.

However, the process of formation of agriculture was difficult and contradictory. In 1991, the reform took the first practical steps in shaping the structures of the agrarian economy. One of these arrangements was farming - a small form of agro-industrial business on a family basis.

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 the Peasant (Farmer's) 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 above features of farms, identified on the basis of a generalization of the experience of creating and operating such farms, gave reason to talk about the need to clarify the legal organization of a peasant (farm) economy, formulated in the old version of the Federal Law "On Peasant (Farm) Economy".

The previous definition did not make it possible to clearly distinguish this organizational and legal form from other forms of agricultural production.

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.

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.

A farm is not a legal entity, but it is subject to the legal norms that are binding on a legal entity. Prior to the entry into force of the Federal Law "On the Peasant (Farmer's) Economy", the legal basis for the creation of the KFK was established by the Law of the RSFSR of November 22, 1990 No. legal entities.

However, with the entry into force of the Federal Law "On the Peasant (Farm) Economy", the provisions of the Law of the RSFSR "On the Peasant (Farm) Economy" became invalid, and now the peasant (farm) economy operates without forming a legal entity (clause 3, article 1 of the Federal Law " About the peasant (farm) economy).

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 .".

The tax department clarified the procedure for bringing the legal status of a peasant farm in line with part one of the Civil Code of the Russian Federation on the basis of Art. 7 of the Federal Law of November 30, 1994 No. 52-FZ "On the Enactment of the First Part of the Civil Code of the Russian Federation". It should be noted that the procedure for bringing the legal status of KLF in line with the current legislation (the Civil Code of the Russian Federation) consists in changing the status of a legal entity to an individual farm, i.e. the latter should become an entrepreneur without forming a legal entity. For such a transition, the farmer must submit an application in form No. Р27002 to the inspection at the place of residence and attach a copy of the passport with a note on the place of registration to it.

Based on this information, 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 FZ "On the peasant (farm) economy" a farm is considered established from the date of its state registration. Decree of the Government of the Russian Federation of October 16, 2003 No. 630 "On the Unified State Register of Individual Entrepreneurs, the rules for storing documents (information) in the Unified State Registers of Legal Entities and Individual Entrepreneurs and transferring them for permanent storage to state archives, as well as on amending and additions to Decrees of the Government of the Russian Federation of June 19, 2002 No. 438 and No. 439 "established that the state registration of farms is carried out in the manner established for the state registration of individuals as individual entrepreneurs.

According to paragraph 3 of Art. 1 of the Federal Law "On Peasant (Farm) Economy", the rules of civil law that regulate the activities of legal entities that are commercial organizations are applied to entrepreneurial 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.

In accordance with Art. 2 of the Federal Law "On the Peasant (Farm) Economy" The federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments promote the creation of farms and the implementation of their activities, provide support to farms, including through the formation of economic and social infrastructure to ensure access for farms to financial and other resources, as well as in accordance with the legislation of the Russian Federation on small business.

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 activity of peasant (farm) enterprises - Conducting commercial agricultural production.

They have special legal capacity, they can engage in various activities that are not prohibited by the current legislation, but while maintaining the production, processing and sale of agricultural products as the leading activities. To create a farm and carry out its activities, land plots are provided and acquired from agricultural land in accordance with civil and land legislation.

2. The composition of the peasant economy

To create a farm and carry out its activities, land plots are provided and acquired from agricultural land in accordance with civil and land legislation.

The basis of the peasant economy is 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 the 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 (delictual capacity).

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).

Illegal actions (torts) give rise to obligations from causing harm, i.e., the duty of a citizen who caused property damage to another person by his illegal actions to compensate for this harm (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).

An agreement on the establishment of a farm is 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 (Farm) Enterprise" 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.

It should be borne in mind that, 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 basis of a leasehold right.

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.

Decree of the Government of the Russian Federation of October 16, 2003 No. 630 "On the Unified State Register of Individual Entrepreneurs, Rules for storing documents (information) in the unified state registers of legal entities and individual entrepreneurs and transferring them for permanent storage to state archives, as well as on introducing changes and additions to the Decrees of the Government of the Russian Federation of June 19, 2002 No. 438 and No. 439 "established that the state registration of peasant (farm) enterprises is carried out in the manner established for the state registration of individuals as individual entrepreneurs.

3. Regulatory framework for the organization and activities of peasant (farm) farms

Legal norms devoted to the organization and activities of peasant (farm) enterprises are reflected in 23 articles grouped into 9 chapters of the new edition of the Federal Law "On Peasant (Farm) Enterprises".

There is reason to believe that now, with the adoption of the new law, peasant (farm) enterprises have received reliable legal support for their existence and development. This law defines the legal, economic and social foundations for the creation and operation of peasant (farm) farms and guarantees citizens the right to create peasant (farm) farms and their independent activities.

The Civil Code of the Russian Federation, the Labor Code of the Russian Federation, other Federal Laws and by-laws also regulate relations in the field of organization and activities of peasant (farm) enterprises, but not completely, but in relation to certain issues. The concept of the Federal Law of the Russian Federation "On Peasant (Farm) Economy" is as follows:

1) a new formulation of the farm was introduced. The previous definition established that a farm is an independent economic entity with the rights of a legal entity. The new definition emphasizes that farm - this 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 (clause 1, article 1 of the Federal Law "On Peasant (Farmer) ) farm");

2) in contrast to the previous Law, it is established that 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 (clause 3, article 1 of the Federal Law of the Russian Federation "On the peasant (farm) economy");

3) both Russian citizens and foreign citizens have the right to establish a farm. At the same time, it should be borne in mind that, 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 (clause 1, article 3 of the Federal Law "On a peasant (farm) economy");

4) in Art. 23 of the Civil Code of the Russian Federation, the head of a farm is recognized as an entrepreneur. However, a farm is subject to state registration on the basis of an agreement on the establishment of a farm, signed by all its members, and not by its head as an individual entrepreneur (Article 5 of the Federal Law "On a Peasant (Farm) Enterprise");

5) unlike the previous law, the new version does not contain qualification requirements (experience in agriculture and the availability of special professional training) for the head of a farm (Articles 3 and 16 of the Federal Law "On Peasant (Farm) Farming");

6) members of the farm may 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 in kinship with the head of the farm (Article 3 of the Federal Law "On the peasant (farm) economy");

7) the number of citizens working in a farm under an employment agreement (employees) is not limited (Article 17 of the Federal Law "On Peasant (Farm) Enterprise");

8) the constituent document of a farm is the Agreement of its members on the establishment of a farm. There is an analogy here with the constituent agreement or the charter of a legal entity, although a farm is not a legal entity (Article 4 of the Federal Law "On a Peasant (Farm) Enterprise");

9) the procedure for owning, using and disposing of the property of a farm is determined by an agreement concluded between its members (Article 7 of the Federal Law "On a Peasant (Farm) Enterprise");

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. The division of property is allowed only in the event of termination of the farm in connection with the withdrawal of all members from it (Article 9 of the Federal Law "On Peasant (Farm) Enterprise");

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 (Article 11 Federal Law "On the peasant (farm) economy");

12) the minimum size of land plots formed for a farm is established by the laws of the constituent entities of the Russian Federation, except for the cases of creating a farm, the main activity of which is gardening, vegetable growing of protected ground, floriculture, viticulture, seed growing, poultry farming, beekeeping, fish farming and other activities using technology that allows the use small plots of land (clause 7, article 12 of the Federal Law "On Peasant (Farmer's) Economy");

13) 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 (clause 3 of article 11 of the Federal Law " On the Peasant (Farm) Economy" and paragraph 2 of Article 4 of the Federal Law "On the circulation of agricultural land";

14) farms that were established as legal entities in accordance with the previous law on farming, have the right to retain the status of a legal entity for the period until January 1, 2010 (clause 3, article 23 of the Federal Law "On Peasant (Farm) Enterprises").

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

The legal regime of property is expressed in the legislative consolidation of the powers to own, use and dispose of the property of a 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".

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.

The possession and use of property in shared ownership is carried out by agreement of all its participants, and if at least one of them objects, in the manner prescribed 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.

As you know, the property of a unitary enterprise can be owned by only one person - an individual or a legal entity, since shared ownership of a unitary enterprise is not allowed, its property is indivisible and cannot be distributed among contributions (shares, shares). At the same time, the property of an individual may be presented in the form of joint property of spouses or members of a peasant (farm) economy. Therefore, if the agreement establishes the shared ownership of the property by the members of the peasant economy, in the event of the creation of a unitary enterprise, its property will belong to the members on the basis of joint ownership.

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". 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.

(Article 246 of the Civil Code of the Russian Federation provides for the disposal of property that is in shared ownership only by agreement of all participants in common ownership).

When disposing of common property, the following 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".

A transaction made by the head of a farm is considered to be made in the interests of the farm, unless it is proved that this transaction was concluded by the head of the farm in his personal interests (Part 3, Article 8 of the Federal Law "On Peasant (Farm) Enterprise").

When one of its members leaves the farm, the land plot and means of production are not subject to division (Part 1, Article 9 of the Federal Law "On Peasant (Farm) Farming"). In this case, the citizen has the right to monetary compensation commensurate with his share in the common ownership of the property of the farm.

Deadline for payment of compensation is determined by mutual agreement between members of the farm or, if mutual agreement is not reached, in court (Part 2, Article 9 of the Federal Law "On Peasant (Farm) Enterprise"). Paragraph 2 of Art. 9 of the Federal Law "On Peasant (Farm) Farming" establishes that the period for payment of the specified compensation cannot exceed a year from the moment a member of the farming enterprise submits an application for withdrawal from the farming enterprise.

When a farm is terminated due to the withdrawal of all its members from it, the property of the farm is subject to division among the members of the farm in accordance with the Civil Code of the Russian Federation. In addition to issues of ownership, use, disposal and division of property of a peasant (farm) economy, Ch. 3 of the Federal Law "On the peasant (farm) economy" provides for the inheritance of such property.

Inheritance of farm property is carried out in accordance with the Civil Code of the Russian Federation. Inheritance issues are regulated in Art. 1110 - 1175, 1181 and 1182 of the Civil Code of the Russian Federation. Art. 1179 of the Civil Code of the Russian Federation.

This article establishes that after the death of any member of the peasant (farm) economy, the inheritance is opened and carried out on a general basis, while observing the rules of Art. 253 - 255 and Art. 257 - 259 of the Civil Code of the Russian Federation.

In this case, the Civil Code of the Russian Federation indicates that when inheriting the property of a member of a peasant (farm) economy, it is necessary to take into account the legal regime of ownership of the property of a peasant (farm) economy.

Moreover, if the heir of a deceased member of a peasant (individual) farm is not himself a member of this farm, he has the right to receive compensation commensurate with the share he inherits in the property owned jointly by the members of the farm (Part 1, Article 1179 of the Civil Code of the Russian Federation).

Deadline for payment of compensation determined by the agreement of the heir with the members of the household, and in the absence of an agreement by the court, but cannot exceed 1 year from the date of opening the inheritance (part 2 of article 1179 of the Civil Code of the Russian Federation).

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.

It should be borne in mind that a situation is possible when, after the death of a member of a 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 want to continue running the peasant (farm) economy 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 of a peasant (farm) economy are established by 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.

It must be borne in mind that, in accordance with Art. 21 of the Labor Code of the Russian Federation, an heir who has inherited the right to life-long inheritable possession of a land plot can acquire this land plot as a property free of charge. A land plot owned by a citizen on the right of permanent (perpetual) use is not inherited either by will or by law.

It is advisable for such citizens in accordance with Art. 20 of the Land Code of the Russian Federation to acquire such land plots in the property, given that this is allowed to be done free of charge. The heirs will no longer have such a right.

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.

In this case, we are talking about Art. 1168 of the Civil Code of the Russian Federation, which provides for the priority right to an indivisible thing in the division of an inheritance.

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.

In addition, paragraph 2 of Art. 1168 of the Civil Code of the Russian Federation provides that the heir, who constantly used the indivisible thing that is part of the inheritance, has, when dividing the inheritance, the priority right to receive this thing on account of his hereditary share over the heirs who did not use this thing and were not previously participants in common ownership of it.

In accordance with paragraph 3 of Art. 8 of the Federal Law "On the Peasant (Farmer's) Economy" the farm is liable with its property for transactions made by the head of the farm in the interests of the farm.

A citizen who left the farm, within two years after leaving it, bears subsidiary liability within the value of his share in the property of the farm for obligations arising from the activities of the farm until the moment he left the farm (clause 3, article 9 Federal Law "On the peasant (farm) economy").

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

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"). Agricultural land includes 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 forest fund lands, rural forests and tree and shrub vegetation, closed reservoirs , 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 ZK RF Land in the Russian Federation according to 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.

In Art. 12 of the Federal Law "On a Peasant (Farmer's) Economy" specifies the procedure for granting land plots from agricultural land owned by the state or municipal authorities for the creation of a farm and the implementation of its activities.

Citizens who are interested in providing them with land plots from agricultural land that are in state or municipal ownership, for the creation of a farm and the implementation of its activities, submit to the executive body of state power or local government statements that must include (part 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;

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

2) 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 self-government body or, on its 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.

The executive body of state power or local self-government within 14 days makes a decision on granting the requested land plot into ownership 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 a peasant (farm) economy") .

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).

The decision of the executive body of state power or local government to refuse to provide a land plot for the creation of a farm and the implementation of its activities can be challenged in court (Part 6, Article 12 of the Federal Law "On Peasant (Farm) Farming").

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").

6. Members of the farm. Head of the farm

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.

The admission of new members to the farm is carried out by mutual agreement of the members of the farm on the basis of a citizen's written application. 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").

The exit of a member of a farm from a farm is carried out at his request in writing (part 4 of article 14 of the Federal Law "On a peasant (farm) economy").

At the same time, it becomes necessary to regulate property relations between the farm and the citizen who terminates his membership in it. This problem is regulated by Art. 9 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").

This provision should be considered taking into account Art. 4 of the Law "On the Peasant (Farm) Economy" and the provisions of the Civil Code of the Russian Federation. So, in Art. 136 of the Civil Code of the Russian Federation establishes that the proceeds received as a result of the use of property (fruits, products, income) belong to the person using this property on a legal basis, unless otherwise provided by law, other legal acts or an agreement on the use of this property.

In this case, the agreement concluded between the members of the economy can be equated to a contract. It is also necessary to take into account the features defined by the Civil Code of the Russian Federation for property relations with common joint and common shared ownership (Articles 244, 245 and 248 of the Civil Code of the Russian Federation).

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.

Moreover, if a farm is created by one citizen, then in accordance with paragraph 1 of Art. 4 of the Federal Law "On the Peasant (Farm) Economy", the conclusion of the Agreement is not required. 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 cases of change of 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).

7. Farm activities

Members of the farm, based on their own interests, independently determine the types of activities of the farm, the volume of agricultural production.

Regulation of economic activity in accordance with paragraph 2 of Art. 19 of the Federal Law "On the peasant (farm) economy" is carried out by the members of the farm independently. This means that the production volumes, including in the context of activities, are determined by the members of the economy without outside interference.

In paragraph 1 of Art. 19 of the Federal Law "On the Peasant (Farmer's) Economy" lists the main activities of the farm: the production and processing of agricultural products, as well as the transportation (transportation), storage and sale of agricultural products of own production. True, the legislator emphasized that the farm can only deal with storage, transportation and sale of agricultural products of its own production.

At the same time, in paragraph 3 of Art. 19 of the Federal Law "On the peasant (farm) economy" specifies in detail what should be understood as transportation carried out by road transport of the farm for their own needs - this traffic:

1) raw materials and feed;

2) produced and processed agricultural products;

3) agricultural machinery and spare parts for it;

4) seeds;

5) fertilizers;

6) fuels and lubricants;

7) other goods used to meet the needs of the farm.

It should be noted that in order to coordinate their business activities, represent and protect common property interests in accordance with Art. 20 of the Federal Law "On the Peasant (Farm) Economy" farms can, by agreement among themselves, create associations in the form of associations or unions of farms on territorial and sectoral grounds, and can also be founders, participants, members of commercial and non-profit organizations.

8. 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 the termination of the activities of the peasant (farm) economy. In the first case, the Law "On Peasant (Farm) Economy" defines unanimous decision of the members of the farm to terminate farming.

The peasant (farm) economy was created in accordance with Art. 4 of the Federal Law "On the peasant (farm) economy" 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 economy.

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

It should be noted that 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).

In the cases listed above, the property of the deceased is also considered escheated.

The third case of termination of the activity of a peasant (farm) economy is in accordance with subpara. 4 p. 1 art. 21 Federal Law of the Russian Federation "On the peasant (farm) economy" the case when the farm is declared 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 4 of paragraph 1 of Art. 21 of the Federal Law "On the Peasant (Farmer's) Economy" establishes the case of the creation on the basis of the property of the farm of such organizational and legal forms as a production cooperative or economic partnership.

In accordance with Art. 259 of the Civil Code of the Russian Federation, members of a peasant (farm) economy on the basis of the property of the economy can create an economic partnership or a production cooperative.

Such a business partnership or cooperative as a legal entity has the right of ownership to property transferred to it in the form of contributions and other contributions by members of the farm, as well as to property received as a result of its activities and acquired on other grounds permitted by law.

The amount of contributions of participants in a partnership or members of a cooperative established on the basis of the property of a peasant (farm) economy is established on the basis of shares in the common ownership of the property of the economy, determined in accordance with paragraph 3 of Art. 258 of the Civil Code of the Russian Federation.

Subparagraph 5 of paragraph 1 of Art. 21 of the Federal Law "On the peasant (farm) economy" establishes, that the termination of a peasant (farm) economy is possible by a court decision.

In principle, the grounds for termination of ownership are listed in the Civil Code of the Russian Federation. In accordance with Article 235 of the Civil Code of the Russian Federation, the right of ownership is terminated upon the alienation by the owner of his property to other persons, the owner's waiver of the right of ownership, destruction or destruction, and upon loss of ownership of the property in other cases provided for by the Law "On Peasant (Farm) Economy". Paragraph 2 of Art. 235 of the Civil Code of the Russian Federation establishes that the forced seizure of property from the owner is not permissible, but in a number of cases, on the grounds provided for by law, it is carried out.

First of all, this concerns the seizure of property by foreclosing it for the obligations of the owner (Article 237 of the Civil Code of the Russian Federation) on the basis of a court decision, unless a different procedure for foreclosure is provided by law or contract.

By decision of the court, the property must also 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) can 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).

The claim for withdrawal of a land plot can be satisfied only if the state body or local self-government body files a claim with the court and proves that the use of the land plot for the purposes for which it is withdrawn is not possible without termination of ownership of this immovable property.

By a court decision, the right of ownership of the property of a peasant farm may also be terminated upon requisition (in accordance with Article 242 of the Civil Code of the Russian Federation - in cases of natural disasters, epidemics, accidents, epizootics and under other circumstances of an emergency nature, property by decision of state bodies can be seized from the owner), as well as during confiscation (in accordance with Article 243 of the Civil Code of the Russian Federation, property can be seized from the owner by a court decision in the form of a sanction for committing a crime or other offense.

Paragraph 2 of Art. 21 of the Federal Law "On the Peasant (Farmer's) Economy" establishes that that disputes arising in connection with the termination of the farm 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. From the analysis of Art. 21 of the Federal Law "On the Peasant (Farm) Economy", cited above, this is clearly visible.

It should also take into account 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.

Farming, a small form of family-based agribusiness, has become one of these ways.

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 agrarian sector in Russia butter oil 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.

LECTURE No. 8. Reorganization and liquidation of a cooperative

1. Reorganization of the cooperative

Relations associated with the creation and activities of agricultural cooperatives and their unions (associations) are regulated by the Federal Law "On Agricultural Cooperation" of November 15, 1995, with subsequent amendments, the Civil Code of the Russian Federation and land legislation.

Questions about the reorganization and liquidation of agricultural cooperatives are covered by Ch. 8 of the Federal Law of the Russian Federation "On agricultural cooperation".

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.

Reorganization of the cooperative as a legal entity - this 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 basis for the legislative regulation of the reorganization of legal entities in Russia is the Civil Code of the Russian Federation (Article 57). According to this article of the Civil Code of the Russian Federation, the reorganization of a legal entity can be carried out by decision of its founders (participants) or a body of a legal entity authorized to do so by constituent documents. The body authorized to make a decision on the reorganization of the cooperative is the general meeting of members of the cooperative.

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 (for example, peasant farms) can 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.

When reorganizing by merging 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.

The property, obligations and rights of the former organizations included in it shall pass to it as an assignee. "Accessed" legal entities and organizations without forming a legal entity cease to exist.

As a result of the division, the cooperative ceases to exist, and on the basis of its property, several new formations appear - 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, 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. Production cooperatives, by unanimous decision of their members, can be transformed into economic partnerships or companies (part 2 of article 112 of the Civil Code of the Russian Federation). When a cooperative is reorganized, its rights and obligations are transferred to successors on the basis of a deed of transfer and a separation balance sheet.

Paragraph 2 of Art. 41 of the Federal Law "On Agricultural Cooperation" sounds somewhat different than paragraph 2 of Art. 57 of the Civil Code of the Russian Federation, which defines a similar possibility of reorganizing a legal entity by dividing or separating several legal entities on the basis of its property.

The Federal Law "On Agricultural Cooperation" in this case provides for the implementation of the above procedures only by a court decision and does not say anything about the separation or separation of legal entities from the reorganized cooperative based on the decision of the authorized state body in accordance with the Civil Code of the Russian Federation. However, the Federal Law of the Russian Federation "On Agricultural Cooperation" does not establish such a possibility, and also does not indicate which state bodies could be authorized to do this.

Therefore, the reorganization of the cooperative on the basis of the decision of the state authority is not possible. Changes to the charter of a reorganized cooperative are made in the manner prescribed by the Federal Law "On Agricultural Cooperation". The charters of newly formed organizations are approved and registered in accordance with the Civil Code of the Russian Federation and the legislation on the relevant organization.

Following the Civil Code of the Russian Federation (Article 59), the Federal Law "On Agricultural Cooperation" establishes the need to fix all provisions on the succession in the reorganization of the cooperative in the deed of transfer and separation balance sheet, which should contain provisions on the succession of all obligations of the reorganized cooperative in relation to all its creditors and debtors, including the obligations disputed by the parties, and subject to the provisions of Art. 10 of the Federal Law of the Russian Federation "On agricultural cooperation".

The deed of transfer and the separation balance sheet are approved by the general meeting of members of the cooperative and submitted together with the constituent documents for state registration.

Compared with paragraph 2 of Art. 59 of the Civil Code of the Russian Federation, paragraph 6 of Art. 41 of the Federal Law "On Agricultural Cooperation" has a fundamentally different attitude to the impossibility of determining the successor on the basis of the separation balance sheet. The Civil Code of the Russian Federation in this case refuses state registration of newly emerged legal entities. The Federal Law "On Agricultural Cooperation" is less categorical and imposes joint and several liability on the legal entities and peasant farms that have arisen for obligations, if the successor is not determined.

If the separation balance sheet does not make it possible to determine the legal successor of the reorganized cooperative, the newly emerged legal entities and peasant (farm) enterprises are jointly and severally liable for the obligations of the reorganized cooperative to its creditors (part 6 of article 41 of the Federal Law "On Agricultural Cooperation").

Such contradiction of norms introduces difficulties in their application. According to the prevailing opinion, the registration of a separation balance sheet without determining the succession of all obligations in any case should not take place, since as a result, the rights of creditors may be significantly infringed.

Therefore, the authorized state body should not register documents during the reorganization of a cooperative without determining successors, but at the same time it must offer, in accordance with Art. 41 of the Federal Law "On Agricultural Cooperation" to fix in the separation balance sheet the provision on the joint and several liability of the organizations being formed. And after fulfilling this condition, proceed to registration.

Paragraph 7 of Art. 41 of the Federal Law "On Agricultural Cooperation" does not provide for all possible options for transforming a cooperative, since paragraph 8 of this article suggests that production cooperatives can be transformed not only into other cooperatives, but also into business partnerships and companies.

When reorganizing a cooperative in the form of joining another legal entity to it, in accordance with paragraph 4 of Art. 57 of the Civil Code of the Russian Federation, a cooperative is considered reorganized from the moment an entry is made in the unified state register of legal entities on the termination of the activities of the affiliated legal entity.

2. 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.

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, 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 that it is necessary 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 general meeting of members of the cooperative, at which they are obliged (Part 6, Article 42 of the Federal Law "On Agricultural Cooperation"):

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.

3. Procedure for the liquidation of a cooperative

The process of liquidation of any legal entity is usually divided into several stages. The first stage - this is the establishment of the deadlines during which claims can be brought against a legal entity; second - this is the adoption of measures to collect receivables to a legal entity and the identification of all claims of creditors.

The listed procedures constituted the content of Art. 43 and 44 of the Federal Law "On agricultural cooperation". The procedure for the liquidation of a cooperative is regulated by Art. 43 of the Federal Law "On agricultural cooperation".

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").

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" ).

Interim liquidation balance sheet approved by the general meeting of members of the cooperative or 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").

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, these 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").

If the property and funds of the cooperative are not sufficient to satisfy the claims of creditors, the members of the cooperative are obliged to make additional contributions in the amounts provided for by the charter of the cooperative.

Additional contributions are determined in proportion to the mandatory share contribution or in another manner provided for by the charter of the cooperative (clause 9, article 43 of the Federal Law "On Agricultural Cooperation").

In addition, in accordance with paragraph 10 of Art. 10 of the Federal Law "On Agricultural Cooperation" the possibility of increasing the additional contribution and subsidiary liability in connection with the liquidation of the cooperative also has a limit. It is limited to the start date of the liquidation of the cooperative (clause 10, article 43 of the Federal Law "On Agricultural Cooperation"), i.e., the date of the decision to liquidate it by the relevant body or the general meeting of members of the cooperative. With the onset of the liquidation period, an increase in the amount of contributions is prohibited by the Federal Law "On Agricultural Cooperation".

If the funds available to the liquidated cooperative are insufficient to satisfy the claims of creditors, the liquidation commission (liquidator) sells the property of the cooperative at public auction in the manner established for the execution of court decisions (clause 11, article 43 of the Federal Law "On Agricultural Cooperation").

4. Completion of the liquidation of the cooperative

The end of the liquidation of the cooperative is 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.

Based on Art. 64 of the Civil Code of the Russian Federation the liquidated cooperative must make cash payments in the following order:

1) satisfaction of the claims of citizens, to whom he is liable for causing harm to life or health, by capitalizing the corresponding time payments;

2) settlements for the payment of severance pay and wages to persons working under an employment contract, including under a contract, and for the payment of remuneration under copyright agreements;

3) satisfaction of creditors' claims on obligations secured by a pledge of property of the liquidated cooperative;

4) repayment of debts on obligatory payments to the budget and extra-budgetary funds;

5) settlements with other creditors in accordance with the law.

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.

It establishes a provision according to which property is transferred to the founders (participants) of a legal entity.

Paragraph 4 of Art. 44 of the Federal Law "On Agricultural Cooperation" introduces a similar order, giving preference to associate members. When distributing property among the members of the cooperative, the cost of additional contributions is first reimbursed, and then the mandatory ones.

The liquidation of the cooperative is considered completed, and the cooperative - liquidated after making an entry on the liquidation of this cooperative 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").

The Civil Code of the Russian Federation also does not determine the fate of the documents of the cooperative after its liquidation. The Federal Law "On Agricultural Cooperation" provides for the transfer of documentation for agricultural cooperatives to the state archive. As stated in paragraph 6 of Art. 44 of the Federal Law "On Agricultural Cooperation", the documentation and accounting reports of the liquidated cooperative are transferred for storage to the state archive, which is obliged to allow members and associate members of the liquidated cooperative and its creditors to familiarize themselves with the indicated materials, and also to issue, at their request, the necessary copies, extracts and references.

LECTURE No. 9. State regulation of agro-industrial production in the Russian Federation

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

Under gstate regulation of agro-industrial production it is necessary to understand 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 an economic partnership between agriculture and other sectors of the economy, and bringing producers closer 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.

The state finances 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. The Government of the Russian Federation, when forming the federal budget, annually sends to the State Duma of the Federal Assembly of the Russian Federation information 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;

6) proposals for federal target programs for the next year;

7) information on the level of target prices and guaranteed prices calculated on their basis, collateral rates, subsidies and compensations, on preferential taxation;

8) information on state regulation of the market of agricultural products, raw materials and food for the past year;

9) information about the social development of the village;

10) analysis of the development of science and the implementation of scientific activities in the field of agro-industrial production.

The subjects of the Russian Federation carry out financing of agro-industrial production in accordance with the current legislation. Federal target and regional target programs are developed, approved and financed in accordance with the procedure established 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.

In case of a pledge of agricultural products, raw materials and foodstuffs with the participation of the state, the pledgees are legal entities authorized by the Government of the Russian Federation to implement the pledge, and the pledgers 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.

Purchasing interventions are carried out in cases where market prices for agricultural products, raw materials and food fall below the minimum level, or in the case when commodity producers in the field of agro-industrial production are not able to sell agricultural products, raw materials and food due to a decrease in demand for them.

Commodity interventions are carried out in the event of a shortage in the market of agricultural products, raw materials and foodstuffs of their respective types, as well as in the event of an increase in market prices above the maximum level of their fluctuations in the market of agricultural products, raw materials and foodstuffs. The volumes of procurement and commodity interventions, the level of prices for purchased and sold agricultural products, raw materials and food are determined by the Government of the Russian Federation.

State regulation of the market of agricultural products, raw materials and foodstuffs, formation and organization of the use of the federal food fund, coordination of actions of state authorities in the field of agro-industrial production are assigned to state agents determined by the Government of the Russian Federation.

The procedure for the activity of state agents, carrying out state regulation of the market of agricultural products, raw materials and food, is determined by the Government of the Russian Federation.

The executive authorities of the constituent entities of the Russian Federation may establish the procedure for the activities of state agents exercising state regulation of the market for agricultural products, raw materials and foodstuffs in the territories of the respective constituent entities of the Russian Federation.

Leasing in the field of agro-industrial production with the participation of the state carried out by legal entities authorized by the Government of the Russian Federation and the executive authorities of the subjects of the Russian Federation, respectively.

The list of property that is the subject of leasing, rental rates, sources of credit necessary for its implementation, and other conditions for leasing in the field of agro-industrial production are determined respectively by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation. Leasing without the participation of the state is carried out in accordance with civil law.

The basis of economic relations in the market of agricultural products, raw materials and foodstuffs 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.

For organizations of primary processing of agricultural products, production and technical services and logistics of the agro-industrial complex, which occupy a dominant position, price regulation.

The procedure for regulating these prices, the list of products (services), for which prices are set by the federal executive authorities, is determined by the Government of the Russian Federation in accordance with the requirements of the antimonopoly legislation of the Russian Federation. In order to promote the establishment and development of market relations in agro-industrial production, the stabilization of intersectoral cost proportions, the Government of the Russian Federation organizes the conclusion between agricultural producers and suppliers of material and technical resources (services) of price agreements aimed at maintaining price parity for agricultural and industrial products (services).

Subsidies and compensations to agricultural producers provided at the expense of the federal budget are established by the Government of the Russian Federation in accordance with federal laws and other regulatory legal acts of the Russian Federation.

Subsidies and compensations to agricultural producers, provided at the expense of the budgets of the constituent entities of the Russian Federation, are established in the manner prescribed by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

From the federal budget allocated to support and regulate agro-industrial production, funds are allocated for:

1) short-term lending for seasonal costs and maintaining the necessary stocks in agro-industrial production;

2) long-term lending for agro-industrial production;

3) pledge of agricultural products, raw materials and food;

4) advance payments for the purchase of agricultural products, raw materials and food for state needs;

5) leasing in the field of agro-industrial production;

6) providing credit cooperatives, more than 50% of the authorized capital of which belongs to legal entities and individuals engaged in agro-industrial production, long-term loans to form their authorized capital. The Government of the Russian Federation creates special funds for the implementation of state support for lending in agro-industrial production and determines the procedure for using the funds from these funds. When lending at the expense of these funds, organizations of agro-industrial production are charged no more than 25% of the discount rate of the Central Bank of the Russian Federation.

Non-cash settlements of legal entities that are consumers (buyers) of agricultural products, raw materials and food, with producers (suppliers) located on the territory of the Russian Federation, are made by collection, unless a different settlement procedure is provided for in the contract.

The term of payment for agricultural products and raw materials supplied to processing and other organizations, as well as for food supplied to trade and other organizations, is established during collection up to ten days, and for perishable goods up to five days after receipt of settlement documents by the payer's bank.

In the presence of stable economic ties, payments for agricultural products, raw materials and food are carried out through mandatory payments at least 3 times a month.

The buyer of agricultural products, raw materials and foodstuffs pays the supplier a penalty in the amount of 2% for each day of delay in payment of the amount of untimely paid products, and in case of delay in payment for more than 30 days - in the amount of 3%. The collection of penalties in favor of the supplier is carried out without acceptance on the basis of the supplier's request in accordance with banking rules by the bank of the buyer of the products, with the collection of 5% of the received penalty in favor of the latter.

Organizations purchasing products from agricultural producers pay their cost as a matter of priority after paying taxes to the budgets of all levels, contributions to the Pension Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the Social Insurance Fund of the Russian Federation.

When insuring the harvest of agricultural crops, agricultural producers pay 50% of insurance premiums to insurers at their own expense, the remaining 50% of insurance premiums are paid to insurers at the expense of the federal budget.

The Government of the Russian Federation can differentiate the amount of payment of insurance premiums at the expense of the federal budget for agricultural crops and regions. State support for the insurance of agricultural producers is assigned to state agents determined by the Government of the Russian Federation.

The procedure and conditions for organizing and carrying out insurance of agricultural producers secured by state support, including a list of insurance risks, the procedure for determining the insurance value of crops accepted for insurance of agricultural crops, the validity period of the insurance contract, the conditions for the formation of additional insurance reserves are established by the Government of the Russian Federation.

The amounts of insurance premiums of agricultural producers paid at their own expense for crop insurance are included in the cost of agricultural products.

The payment of insurance premiums for agricultural insurance is made by agricultural producers after paying taxes and other payments to the budgets of all levels, contributions to the Pension Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the Social Insurance Fund of the Russian Federation.

In order to ensure the sustainability of agricultural insurance, a federal agricultural insurance reserve is formed. Federal Agricultural Insurance Reserve is formed at the expense of deductions in the amount of 5% of the total amount of insurance premiums received under crop insurance contracts.

The regulation on the federal agricultural insurance reserve is approved by the Government of the Russian Federation. Insurance companies providing crop insurance with the participation of federal budget funds are required to reinsure part of the risks under this type of insurance. The share of risks subject to reinsurance is established by the Government of the Russian Federation.

Export and import of agricultural products, raw materials and foodstuffs are carried out taking into account the need to protect the interests of domestic producers in the field of agro-industrial production and ensure the food security of the Russian Federation. The Government of the Russian Federation, in accordance with generally recognized norms of international law and federal laws, in the interests of food security of the Russian Federation, takes measures:

1) protective (protectionist) nature in cases where the saturation of the market for agricultural products, raw materials and food can be ensured by domestic production or imports lead to a deterioration in the state of its industries, a decrease in the profitability of agricultural producers;

2) to stimulate the export of agricultural products, raw materials and food, if this does not violate the stability of the domestic market.

Protective measures are taken in the form of quantitative restrictions or the imposition of customs duties to such an extent and for such a period as may be necessary to eliminate significant damage or prevent the threat of causing it.

The Government of the Russian Federation establishes the procedure and conditions for the introduction and application of threshold prices, on the basis of which customs duties are determined.

The threshold price is calculated on the basis of prices prevailing in the domestic market of the Russian Federation for certain types of agricultural products, raw materials and foodstuffs.

Part of the funds received from the payment of import and export customs duties and other equivalent payments for agricultural products, raw materials and food is directed to state support for agro-industrial production.

The volumes of use of these funds are determined by the federal law on the federal budget for the corresponding year.

The main areas of science and scientific activity that receive state support are:

1) fundamental and applied scientific research;

2) state programs in the field of the development of science and the implementation of scientific activities;

3) training, advanced training and retraining of specialists in the relevant educational institutions;

4) activities of consultation and information services.

2. 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 и 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.

At the same time, the problem of implementing state regulation mainly by economic methods remains relevant, through the use of financing, taxation, lending, pricing and insurance mechanisms, which makes it possible to influence the economic interest of participants in agrarian 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 is persuasion method. 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.

They are applied with the active participation of the management personnel of enterprises, specialists, and agricultural workers and have an imperative character. In the state regulation of agriculture, the recommendatory method is also used. State bodies offer one or another solution, and the farms themselves determine how to be guided by it.

The peculiarity of the recommendatory norm is that it does not carry a mandatory character. Recommendations usually contain provisions that are not legally enforceable. Therefore, they cannot be considered legal regulations, since they are deprived of the property of mandatory execution. Recommendatory norms indicate directions for solving a particular issue, and if the norm is adopted, then it acquires the features of an on-farm norm and becomes regulating for this economy.

The forms directly express the actions of state bodies to regulate agricultural enterprises, the structure of their activities and the basis for its implementation. The main forms of state activity include law-making, law enforcement, law enforcement, and organizational activities.

All forms of activity of state regulatory bodies in the field of agriculture are interdependent, only their integrated use allows you to optimally solve the problems that arise before the agricultural producer, rationally use the available legal methods.

Law-making activity - this is the activity of the authorized bodies of the state, legislative and executive authorities to issue relevant legal acts regarding agricultural activities.

Law enforcement activity. Its essence boils down to implementing the agrarian policy of the state, legal norms in specific life circumstances using various methods. It is operational and creative, requires initiative, activity, purposefulness in solving problems, taking into account all the circumstances that take place in a particular industry, in each economy.

Organizational activity. The purpose of organizational actions is to ensure a clear, most efficient operation of agriculture and closely related branches of the agro-industrial complex.

3. The Ministry of Agriculture, as a federal executive body exercising authority in the field of agricultural management

The activities of the Ministry of Agriculture are 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 that performs the following functions:

1) on the development of state policy and regulatory legal regulation in the field of agro-industrial complex, including animal husbandry, veterinary medicine, crop production, plant quarantine, melioration, soil fertility, regulation of the agricultural raw material and food market, food and processing industry, production and circulation of ethyl alcohol from food and non-food raw materials, alcohol-containing, alcoholic and tobacco products, sustainable development of rural areas, as well as in the field of fishing, production activities on ships of the fishing fleet and in sea fishing ports, which are under the jurisdiction of the Federal Agency for Fisheries, Protection, Study, Conservation, Reproduction and use of wildlife objects classified as hunting objects, aquatic biological resources, with the exception of those living in specially protected natural areas, as well as those listed in the Red Book of the Russian Federation (hereinafter referred to as aquatic biological resources), and their habitat;

2) for the provision of public services in the field of the agro-industrial complex, including the sustainable development of rural areas, for the management of state property at subordinate enterprises and institutions.

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". Ministry of Agriculture of the Russian Federation:

1) submits to the Government of the Russian Federation draft federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation and other documents on which a decision of the Government of the Russian Federation is required, on issues related to the established sphere of competence of the Ministry and to the spheres of competence of the federal service and federal agency subordinate to it, as well as a draft work plan and forecast indicators for the activities of the Ministry;

2) on the basis of and in pursuance of 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 independently adopt the following regulatory legal acts:

a) rules for the use and protection of wildlife objects classified as objects of hunting and fishing;

b) rules for granting sectoral subsidies and subventions;

c) methodology for calculating the damage caused to aquatic biological resources and their habitat;

d) the procedure and conditions for the evaluation of pedigree products (material);

e) the procedure for state registration of breeding achievements in animal husbandry and seed production, pesticides and agrochemicals, medicines for animals, feed and feed additives, including those made from genetically modified organisms;

f) the procedure for harvesting, processing, storing and using seeds of agricultural plants;

g) the procedure for accounting for grain and products of its processing when purchasing them for state needs and when supplying (laying) grain and products of its processing to the state reserve;

h) the procedure for the sale and transportation of lots of seeds of agricultural plants;

i) the procedure for withdrawing shares in the total volume of quotas for the production (catch) of aquatic biological resources for commercial fishing;

j) the procedure for concluding and registering an agreement on the transfer of shares in the total volume of quotas for the production (catch) of aquatic biological resources for industrial fishing from one person to another;

k) rules in the field of veterinary medicine;

l) the procedure for conducting quarantine phytosanitary monitoring on the territory of the Russian Federation;

m) conditions for the use of breeding and biotechnological methods in the field of livestock breeding;

n) rules for maintaining breeding achievements;

o) rules and regulations in the field of livestock breeding;

p) rules and regulations in the field of land reclamation;

c) plans for carrying out agrotechnical, agrochemical, reclamation, phytosanitary and anti-erosion measures to ensure the fertility of agricultural land;

r) norms of natural loss in the field of agriculture and industries under the jurisdiction of the Ministry;

s) programs for training, retraining and advanced training of specialists in the agro-industrial complex and fisheries;

t) lists of especially dangerous and quarantine animal diseases;

u) a list of commercial species of aquatic biological resources and species of living organisms that are living resources of the continental shelf;

v) a list of quarantine objects (plant pests, pathogens of plants and plants (weeds));

w) a list of animal species, the individuals of which are used as breeding animals;

x) regulation on the registration of the original (wild) variety of an agricultural plant;

y) charters for service on ships of the fishing fleet;

z) the procedure for calculating the amount of penalties for damage caused by illegal extraction or destruction of objects of the animal world classified as objects of hunting;

z) normative legal acts on other issues of the established sphere of activity of the Ministry and subordinate to the Ministry of the Federal Service and the federal agency, with the exception of issues whose legal regulation in accordance with 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 is carried out exclusively by federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation;

3) conducts competitions in accordance with the established procedure and concludes state contracts for placing orders for the supply of goods, performance of work, provision of services, for the conduct of research, development and technological work for state needs in the established field of activity, including to meet the needs ministries;

4) exercises, in the manner and within the limits determined by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the powers of the owner in relation to federal property necessary to ensure the performance of the functions of federal state authorities in the field of activity established by paragraph 1 of the Regulation "On the Ministry of Agriculture of the Russian Federation", in including property transferred to federal state institutions, federal state unitary enterprises and state-owned enterprises subordinate to the Ministry;

5) carries out:

a) implementation of federal targeted, departmental and other programs in the field of the agro-industrial complex, including the sustainable development of rural areas;

b) organization of public procurement and commodity interventions;

c) formation and use of the federal fund of seeds of agricultural plants, as well as the reserve of plant protection products (pesticides);

d) organization of varietal and seed control in relation to crops and seeds of agricultural plants;

e) operation and certification of state reclamation systems and separately located hydraulic structures classified as state property;

f) carrying out state examination of pre-project and project documentation for the construction and reconstruction of reclamation systems and separately located hydraulic structures in order to determine the compliance of pre-project and project documentation with the initial data, specifications and requirements of regulatory documentation for design and construction, projects of reclamation systems and separately located hydraulic structures and approval of said documentation;

g) organization of gassing and degassing of quarantine objects;

h) organization of anti-epizootic measures, including measures for the prevention and elimination of foci of diseases common to humans and animals;

i) organization of registration trials, examination of the results of registration trials of medicines for animals, feed additives and feed made from genetically modified organisms, as well as breeding achievements, pesticides and agrochemicals;

j) organization of work on breeding in semi-free conditions of objects of the animal world classified as objects of hunting;

k) increasing the level of professional training of workers in the agro-industrial complex and their retraining;

l) registration of breeding animals and breeding herds, respectively, in the state book of breeding animals and the state breeding register;

m) issuance of certificates (certificates) for breeding products (material);

o) determination of the types of organizations carrying out activities in the field of livestock breeding;

o) organization of the use of biological, chemical and other preparations in veterinary medicine;

p) organization of monitoring of information on commodity and consumer properties of grain, including its analysis;

6) leads:

a) a register of medicinal products for animals, feed additives, as well as feed containing genetically modified organisms;

b) accounting of the federal fund of seeds, reclaimed lands;

c) accounting of purchases for federal state needs;

d) registration of wildlife objects belonging to species included in special lists of pests of domestic animals and pests of plants (except for forest pests);

e) a register of federal property of the agro-industrial complex, which is under the jurisdiction of the Ministry;

f) the state book of breeding animals and the state breeding register;

g) state catalog of pesticides and agrochemicals;

h) registers and registers in the field of veterinary medicine, livestock breeding, seed production and soil fertility;

i) state registration and state monitoring of wildlife objects classified as hunting objects;

7) carries out an economic analysis of the activities of subordinate state unitary enterprises and approves the economic indicators of their activities, conducts audits of financial and economic activities and the use of the property complex in subordinate organizations;

8) performs the functions of a state customer for placing orders for the supply of products (goods, works, services) for state needs in the agro-industrial complex;

9) performs the functions of the state customer of federal target, departmental, scientific, technical and innovative programs and projects in the established field of activity;

10) organizes congresses, conferences, seminars, exhibitions and other events in the area of ​​activity of the Ministry;

11) generalizes the practice of applying the legislation of the Russian Federation and analyzes the implementation of state policy in the established field of activity;

12) performs the functions of the main manager and recipient of federal budget funds provided for the maintenance of the Ministry and the implementation of the functions assigned to the Ministry;

13) organizes the reception of citizens, ensures timely and complete consideration of oral and written appeals of citizens, making decisions on them and sending responses within the period established by the legislation of the Russian Federation;

14) ensure, within its competence, the protection of information constituting a state secret;

15) ensures the mobilization training of the Ministry, as well as control and coordination of the activities of the federal service under its jurisdiction and the federal agency for their mobilization training;

16) organize professional training of the employees of the Ministry, their retraining, advanced training and internships;

17) interacts in accordance with the established procedure with public authorities of foreign states and international organizations in the established field of activity;

18) carries out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, accounting and use of archival documents formed in the course of the activities of the Ministry;

19) perform other functions in the established field of activity, if such functions are provided for by federal laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.

The Ministry of Agriculture of the Russian Federation, in order to exercise its powers in the established field of activity, has the right to:

1) to request and receive, in accordance with the established procedure, the information necessary for making decisions on issues within the competence of the Ministry;

2) to establish, in accordance with the established procedure, insignia in the established field of activity and to award them to employees of the Ministry and those under the jurisdiction of the Ministry of the federal service and the federal agency, and other persons carrying out activities in the established field;

3) to involve, in the prescribed manner, for the study of issues related to the field of activity of the Ministry, scientific and other organizations, scientists and specialists;

4) create coordinating and advisory bodies (councils, commissions, groups, colleges), including interdepartmental ones, in the established field of activity;

5) to establish, in accordance with the established procedure, print media for the publication of normative legal acts in the established field of activity, official announcements, placement of other materials on issues within the competence of the Ministry, its subordinate federal service and federal agency;

6) provide legal entities and individuals with clarifications on issues related to the sphere of the agro-industrial complex.

The Ministry of Agriculture of the Russian Federation in the established field of activity is not entitled exercise the functions of control and supervision, except for cases established by decrees of the President of the Russian Federation or Decrees of the Government of the Russian Federation.

These restrictions on the powers of the Ministry do not apply to the powers of the Minister to address personnel issues and issues of organizing the activities of the Ministry and its structural divisions.

When exercising legal regulation in the established field of activity, the Ministry is not entitled to establish the functions and powers of federal state authorities, state authorities of constituent entities of the Russian Federation, local governments that are not provided for by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, and is also not entitled to establish restrictions on the exercise of the rights and freedoms of citizens, the rights of non-state commercial and non-profit organizations, except in cases where the possibility of introducing such restrictions by acts of authorized federal executive bodies is expressly provided for by the Constitution of the Russian Federation, federal constitutional laws, federal laws and issued on the basis of and in pursuance of the Constitution of the Russian Federation , federal constitutional laws, federal laws by acts of the President of the Russian Federation and the Government of the Russian Federation (Decree of the Government of the Russian Federation of March 24, 2006 "On approval of the regulation on Min Ministry of Agriculture of the Russian Federation and on the invalidation of certain decisions of the Government 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.

Minister (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"):

1) distribute duties among his deputies;

2) approves the regulations on the structural subdivisions of the Ministry;

3) in accordance with the established procedure appoints and dismisses employees of the Ministry;

4) decides, in accordance with the legislation of the Russian Federation on public service, issues related to the passage of federal public service in the Ministry;

5) approves the structure and staffing of the Ministry within the limits of the payroll fund and the number of employees established by the Government of the Russian Federation, the cost estimate for its maintenance within the limits approved for the corresponding period of appropriations provided for in the federal budget;

6) approves the annual work plan and performance indicators of the federal service and federal agency subordinate to the Ministry, as well as reports on their activities;

7) submits to the Government of the Russian Federation, on the proposal of the heads of the subordinated to the Ministry of the Federal Service and the federal agency, draft regulations on the federal service and the federal agency, proposals on the maximum number and payroll of employees of the federal service and the federal agency;

8) submit proposals to the Ministry of Finance of the Russian Federation on the formation of the federal budget and financing of the federal service and the federal agency subordinate to the Ministry;

9) submits to the Government of the Russian Federation drafts of regulatory legal acts, other documents specified in clause 5.1 of the Regulations "On the Ministry of Agriculture of the Russian Federation";

10) submit to the Government of the Russian Federation in accordance with the established procedure proposals on the creation, reorganization and liquidation of federal state enterprises and institutions under the jurisdiction of the Ministry and subordinate to the Ministry of the Federal Service and the federal agency;

11) gives instructions to the federal service and federal agency subordinate to the Ministry and controls their execution;

12) cancel decisions that are contrary to federal law and are subordinate to the Ministry of Federal Service and a federal agency, unless a different procedure for canceling decisions is established by federal law;

13) appoints and dismisses from office on the proposal of the heads of the subordinate to the Ministry of the Federal Service and the federal agency the deputy heads of the federal service and the federal agency;

14) submit, in accordance with the established procedure, employees of the Ministry and those under the jurisdiction of the Ministry of the Federal Service and the federal agency, other persons carrying out activities in the established field, for the assignment of honorary titles and the awarding of state awards of the Russian Federation;

15) issues orders of a normative nature, and on operational and other current issues of organizing the activities of the Ministry - orders and instructions of a non-normative nature;

16) appoints and dismisses the heads of subordinate institutions and other organizations in accordance with the established procedure, concludes, amends and terminates labor contracts with the said heads.

Financing the maintenance costs of the Ministry of Agriculture of the Russian Federation carried out at the expense of funds provided 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.

4. Rosselkhoznadzor as a body exercising state control in the field of agriculture.

The activities of the Rosselkhoznadzor are currently 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", which can also be called the regulation "On Rosselkhoznadzor" . 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.

According to clause 1.10. Decree of the Government of the Russian Federation of July 28, 2005 No. 452 "On the model regulations for the internal organization of federal executive bodies", the head of Rosselkhoznadzor organizes the work of Rosselkhoznadzor and is personally responsible for the fulfillment of the powers and functions assigned to Rosselkhoznadzor, holds meetings with deputies of the Head of Rosselkhoznadzor, heads of departments Rosselkhoznadzor, heads of departments of Rosselkhoznadzor in the constituent entities of the Russian Federation (hereinafter referred to as the territorial bodies of Rosselkhoznadzor) and heads of subordinate organizations, at which he determines the tasks facing Rosselkhoznadzor, gives instructions on operational issues, reviews the implementation of programs and plans for the activity of Rosselkhoznadzor, instructions of the President of the Russian Federation, the Government and the Ministry of the Russian Federation, and also exercises other powers established by the legislation of the Russian Federation and the "Regulations on the Rosselkhoznadzor". The head of the Rosselkhoznadzor distributes duties among his deputies and grants them appropriate powers, by order he assigns to one of his deputies the temporary performance of the duties of the Head during his absence due to illness, vacation or business trip.

Secondment and leave on vacation of the Head of the Rosselkhoznadzor are carried out in agreement with the Minister of Agriculture of the Russian Federation. The head of the Rosselkhoznadzor issues orders for the implementation of the activities of the central office of the Rosselkhoznadzor, its territorial bodies and subordinate organizations.

The Deputy Heads provide guidance and organization of work on the implementation of the functions and exercise of the powers of Rosselkhoznadzor in accordance with the Regulations on Rosselkhoznadzor, the regulations of the Federal Service for Veterinary and Phytosanitary Surveillance, the distribution of responsibilities between the acts and instructions of the Ministry, the Head of Rosselkhoznadzor.

Deputy Heads of the Rosselkhoznadzor are appointed and dismissed by the Minister on the proposal of the Head of the Rosselkhoznadzor and report to the Head of the Rosselkhoznadzor.

Deputy Heads in accordance with the distribution of duties (clause 1.14 of the Resolution):

1) interact (including in writing) with the relevant federal executive bodies, the Government Office and other state authorities and organizations;

2) coordinate and control the work of the relevant departments of Rosselkhoznadzor;

3) hold meetings with interested executive authorities and organizations on the implementation of control and supervision functions in the assigned area of ​​activity, as well as on other issues;

4) give instructions to the heads of Rosselkhoznadzor departments;

5) organize the activities of organizations subordinate to Rosselkhoznadzor;

6) consider appeals sent to the Rosselkhoznadzor, agree on draft acts and other documents, sign conclusions on them;

7) approve (vise) the draft acts of the Ministry prepared in the departments of the Rosselkhoznadzor;

8) exercise other powers established by the legislation of the Russian Federation.

By order of the Minister participate in events held by the President of the Russian Federation, the Federal Assembly of the Russian Federation, meetings of the Government, meetings with the Prime Minister and Deputy Prime Minister, meetings of government and interdepartmental commissions, councils and organizing committees, colleges of federal executive bodies, the Supreme State Council and the Council of Ministers of the Union State , the supreme bodies of the Commonwealth of Independent States, the Eurasian Economic Community, the Common Economic Space, etc.

The structure of the central office of the Rosselkhoznadzor includes the leadership of the Rosselkhoznadzor (the Head of the Rosselkhoznadzor and his deputies) and the Rosselkhoznadzor Administration. 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.

According to clause 1.17 of the Decree, the heads of departments of Rosselkhoznadzor are appointed to and dismissed in the prescribed manner by the Head of Rosselkhoznadzor and report to the Head of Rosselkhoznadzor and deputies of the Head of Rosselkhoznadzor in accordance with the distribution of duties. Head of the Department of Rosselkhoznadzor for issues within the scope of the department:

1) carries out direct management of the department, bears personal responsibility for the implementation of the powers assigned to the department, functions and the state of executive discipline;

2) interacts (including in writing) with the relevant federal executive authorities, their structural subdivisions and other state authorities, local governments and organizations;

3) provides consideration and, if necessary, approval of applications submitted to the Rosselkhoznadzor, draft acts and other documents, prepares conclusions on draft regulatory legal acts;

4) participates on behalf (instruction) of the Minister or his deputies, the Head of the Rosselkhoznadzor (his deputies) in meetings of the Government, meetings with the Prime Minister and Deputy Prime Minister, meetings of government and interdepartmental commissions, councils and organizing committees, collegiums of federal executive bodies, the Supreme State the Council and the Council of Ministers of the Union State, the supreme bodies of the Commonwealth of Independent States, the Eurasian Economic Community, the Common Economic Space, the events of the Federal Assembly;

5) attracts, if necessary, in the prescribed manner, to study issues related to the scope of the Rosselkhoznadzor, scientific and other organizations, scientists and specialists;

6) provides consideration and preparation of draft responses to individual and collective appeals of citizens and organizations;

1) approves the regulations on the departments that are part of the Rosselkhoznadzor department;

2) distributes duties among employees of the Rosselkhoznadzor department;

3) submits proposals for appointment to and dismissal from office, for advanced training, promotion of employees of the Rosselkhoznadzor department and imposition of penalties on them;

10) in accordance with the legislation of the Russian Federation, exercise other powers and functions established by the regulations of the Federal Service for Veterinary and Phytosanitary Surveillance, orders of the Rosselkhoznadzor and the Regulations on Management approved by the Head of the Rosselkhoznadzor.

Deputy heads of the department of Rosselkhoznadzor ensure the organization of work on the implementation of the functions and powers of the department in the established field of activity in accordance with the distribution of duties between him and his deputies, established by the Regulations on the relevant department of Rosselkhoznadzor. In the event of the temporary absence of the head of the Rosselkhoznadzor department, his duties are performed by one of his deputies in accordance with the order of the Rosselkhoznadzor (clause 1.19 of the Resolution).

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 head of the Rosselkhoznadzor plans his activities taking into account the need to participate in planned events held by the Federal Assembly, intergovernmental commissions, the Prime Minister, the Minister, coordinating and advisory bodies formed by the Government, the Ministry, as well as in other mandatory planned events.

Deputy Heads, heads of departments of Rosselkhoznadzor, heads of territorial bodies of Rosselkhoznadzor plan their activities taking into account the need to participate in events held by the Ministry, as well as on its behalf in events held by the President of the Russian Federation, the Government, the chambers of the Federal Assembly, etc.

Guided by section II "Order of planning and organization of work", the Rosselkhoznadzor develops draft plans and indicators of its activities and the activities of its whom? territorial bodies independently, coordinating them, if necessary, with the relevant federal executive authorities. The head of the Rosselkhoznadzor is responsible for the implementation of the specified plan and indicators. Rosselkhoznadzor submits to the Ministry before June 1 of the current year preliminary annual draft plans and indicators of its activities for the planned year for consideration in the budget planning process, and before November 1 of the current year, annual draft plans and indicators for the planned year for approval.

The Ministry organizes the work of the Rosselkhoznadzor in preparing reports on the results and main directions of its activities and the activities of the territorial bodies of the Rosselkhoznadzor, as well as draft plans and performance indicators for the planned period by providing it to whom? methodological support and organization of coordination meetings.

Advisory bodies formed by the Rosselkhoznadzor plan their activities independently in accordance with their regulations.

At the direction of the Head of the Rosselkhoznadzor (his deputy), the decisions made at the meeting are documented in a protocol, which is submitted to the Head of the Rosselkhoznadzor (his deputy) for approval on the next working day after the meeting. The minutes of the meeting are accompanied by a mailing index signed by the head of the department (his deputy) responsible for holding the meeting and agreed with the assistant to the Head of the Rosselkhoznadzor on the relevant issue. The distribution index must be included on issues within their scope of activity: Deputy Heads in accordance with the distribution of duties, heads of departments of Rosselkhoznadzor, heads of territorial bodies of Rosselkhoznadzor. In the event of an interdepartmental meeting, the minutes are sent to the heads of the relevant federal executive bodies. Minutes of meetings held by the Head of the Rosselkhoznadzor or his deputies are sent to the executors (including interested federal executive bodies) by the Rosselkhoznadzor Administration, as a rule, within a day, and operational ones - immediately. Control over the execution of instructions contained in the minutes of meetings held by the Head of the Rosselkhoznadzor (his deputy) is carried out by the Department of Affairs of the Rosselkhoznadzor.

The head of the Rosselkhoznadzor (his deputy authorized to do so) issues orders on current and operational issues of organizing the activities of the Rosselkhoznadzor. Draft orders for the main activities of the Rosselkhoznadzor are prepared and submitted by the Rosselkhoznadzor departments on the basis of acts of the Government and the Ministry, instructions from the Head of the Rosselkhoznadzor, his deputies, or on their own initiative. Submitted projects must be agreed with all interested departments. Draft orders on personnel issues are prepared by the Administrative Department of Rosselkhoznadzor on the basis of relevant submissions. If there is an annex to the draft order, then it is signed by the head of the Rosselkhoznadzor department that prepared it. If the introduced draft orders entail the need to amend other acts, these changes are reflected in the explanatory note. If draft orders contain instructions, they must indicate the deadline for their execution.

The Administrative Department of the Rosselkhoznadzor checks the compliance of draft orders with the norms of the legislation of the Russian Federation. In case of non-compliance with the current legislation of draft acts and other documents submitted for signature by the management of Rosselkhoznadzor, the head of the Department of Affairs of Rosselkhoznadzor, without approving them, must give appropriate legal opinions on the submitted documents. In case of signing the said documents that have not passed the legal examination, the head of the Rosselkhoznadzor Administration has the right to notify the leadership of the Rosselkhoznadzor about this. These acts are not subject to registration until legal expertise has been passed. Responsibility for the quality of draft orders and their coordination with interested parties lies with the heads of Rosselkhoznadzor departments that prepare the draft. Ensuring the correct execution of draft orders is carried out by the Office of the Rosselkhoznadzor. Draft orders submitted for signature to the Head of the Rosselkhoznadzor are endorsed by the executor and the head of the Rosselkhoznadzor department that introduced the project, the heads of the Rosselkhoznadzor departments who have obligations and instructions provided for in the draft, as well as the supervising Deputy Head of the Rosselkhoznadzor and the head of the Rosselkhoznadzor Department of Affairs. The project is considered approved if the indicated persons have visas. If there are disagreements on the draft act of the Rosselkhoznadzor, the heads of the Rosselkhoznadzor departments submitting it must ensure that the draft is discussed with the heads of the relevant departments of the Rosselkhoznadzor in order to find a mutually acceptable solution. The draft act of the Rosselkhoznadzor can be submitted to the leadership of the Rosselkhoznadzor with disagreements only together with the protocol of the conciliation meeting and the original remarks signed by the respective heads of the Rosselkhoznadzor departments with disagreements. The final decision on the settlement of disagreements is made by the Head of Rosselkhoznadzor (his authorized deputy). Orders for core activities are registered by the Office of the Rosselkhoznadzor in the manner prescribed by the Instructions for Paperwork.

Instructions contained in resolutions of the President of the Russian Federation, acts of the Government, minutes of meetings of the Government (Presidium of the Government), coordinating and advisory bodies of the Government headed by the Prime Minister, Deputy Prime Minister, as well as instructions of the Prime Minister and / or Deputy Prime Minister contained in the minutes of meetings held by them meetings and in resolutions, instructions of the Minister (a person authorized by him to do so) are sent by the Department of Affairs of the Rosselkhoznadzor for execution to the relevant departments of the Rosselkhoznadzor. If necessary, the Head of the Rosselkhoznadzor, the Deputy Head of the Rosselkhoznadzor (in accordance with the distribution of duties) or, in established cases, the head of the Rosselkhoznadzor department, issue additional resolutions on the execution of these instructions. Instructions of the Head of Rosselkhoznadzor are communicated by the Administration of Rosselkhoznadzor to the heads of departments of Rosselkhoznadzor within 2 days, and urgent and operational instructions - on the day they are signed. The instructions contained in the acts of the Rosselkhoznadzor are communicated to the executors by sending them a copy of the act. Instructions contained in the minutes of meetings held by the Head of Rosselkhoznadzor, deputies of the Head of Rosselkhoznadzor or heads of departments of Rosselkhoznadzor, in resolutions on the documents considered by them, are communicated to the executors by sending them a copy of the minutes of the meeting or an extract from it or a resolution drawn up in the prescribed manner.

The deadline for the execution of orders is set by the official giving the corresponding order (the leadership of the Rosselkhoznadzor), or, if the deadline for the execution of the order is not set, by the Office of the Rosselkhoznadzor. If a period of time is set as the deadline, the date of signing the instruction is considered to be its beginning. If the text of the instruction contains the indication "very urgent" instead of the execution date or time period, it is subject to execution within a day. If there is an indication "urgently", "immediately" or a similar indication, the order is subject to execution within 3 days. The indication "promptly" provides for a 10-day period for the execution of the order. If no deadline is specified, the instruction is subject to execution within a period of up to 1 month (until the corresponding date of the next month, and in the absence of such a date - until the last day of the month), counting from the date of signing the instruction (decision). If the last day of the order execution period falls on a non-working day, it is subject to execution on the previous business day (clause 4.13 of the Resolution). If, for objective reasons, the execution of the order within the established period is impossible, the heads of departments of the Rosselkhoznadzor submit proposals to the official who gave the order to extend the period, indicating the reasons for the extension and the planned date of execution. Such proposals shall be submitted no later than 10 days from the date of signing the instruction (decision).

The Deputy Head of the Rosselkhoznadzor or the head of the Rosselkhoznadzor department, indicated first in the order or indicated by the word "responsible", "convening", is the head executor of the order, organizes the work and is responsible for its execution (clause 4.2 of the Resolution). Changes in the head (responsible) executor of instructions or appeals received by Agricultural Products are carried out:

1) on the basis of a written resolution of the Head of the Rosselkhoznadzor or the Deputy Head of the Rosselkhoznadzor who gave the order;

2) by agreement of the relevant heads of departments of Rosselkhoznadzor - through the Department of Affairs of Rosselkhoznadzor.

Written proposals justifying the need to change the head (responsible) executor are submitted to the Head of Rosselkhoznadzor or the Deputy Head of Rosselkhoznadzor by the heads of departments of Rosselkhoznadzor within no more than three days from the date of registration of the document in Rosselkhoznadzor, and operational - immediately (clause 4.4 of the resolution). Submission of these proposals at a later date is not allowed. The head executor determines the procedure for the execution of the order, as well as the procedure for the preparation and approval of materials provided to the Head of the Rosselkhoznadzor in connection with the execution of this order. The co-executors submit proposals signed by the head of the Rosselkhoznadzor department to the main executor, leaving the main executor to complete the work on the document at least a third of the deadline. When going on vacation, going on a business trip, in case of illness, dismissal or relocation or absence from work for other reasons, the employee responsible for monitoring the execution of the assignment is obliged to transfer it to another employee in agreement with the immediate supervisor. Control and verification of the execution of instructions is carried out by the Records Management Department of the Administrative Department of the Rosselkhoznadzor. The document is considered executed when decisions are made on the issues raised in it, the resolution of the official who gave the instruction is fully implemented, and, if required, a report on execution is sent to the relevant organizations or a substantive response is given to interested parties.

Responsibility for poor-quality and untimely execution of instructions given in pursuance of decrees and orders of the President of the Russian Federation, as well as instructions of the President of the Russian Federation, resolutions and orders of the Government, as well as instructions of the Government, orders of the Ministry, decisions of the collegium and instructions of the Minister (or a person authorized by him to do so) , orders (instructions) of the Head of the Rosselkhoznadzor are assigned personally to the deputies of the Head of the Rosselkhoznadzor and the heads of departments of the Rosselkhoznadzor.

Rosselkhoznadzor prepares a response to a parliamentary inquiry to the Prime Minister, Deputy Prime Minister on their behalf, as well as on behalf of the Minister (or a person authorized by him). In cases where the Rosselkhoznadzor is indicated in the order as the first executor, the draft response to the parliamentary inquiry with the relevant supporting materials is submitted to the Government within the time period specified in the order, with the obligatory informing of the Minister.

A deputy’s request, an appeal from a member of the Federation Council or a deputy of the State Duma to the Government, to the Prime Minister, Deputy Prime Minister, sent to the Ministry by the Government Office for a response to the authors of the request (appeal), are sent to Rosselkhoznadzor if the questions posed in the request (appeal) relate to to the scope of the Rosselkhoznadzor.

The activities of Rosselkhoznadzor departments are organized on the basis of the Regulations on Rosselkhoznadzor, regulations on Rosselkhoznadzor departments and the Regulations of the Federal Service for Veterinary and Phytosanitary Surveillance. To implement the functions in the Rosselkhoznadzor, 5 departments have been created in the main areas of activity of the Rosselkhoznadzor:

1) Department of Veterinary Supervision;

2) Department of Phytosanitary Surveillance;

3) Supervision Department for the Protection, Reproduction and Use of Aquatic Biological Resources;

4) Department of Supervision for the Protection, Reproduction and Use of Hunting Objects;

5) Case management.

The activities of Rosselkhoznadzor departments are managed by their heads, who are appointed to and dismissed by the Head of Rosselkhoznadzor. The heads of departments of Rosselkhoznadzor organize the work of departments on the basis of regulations on departments approved in the prescribed manner by the Head of Rosselkhoznadzor. The departments of Rosselkhoznadzor carry out their activities in accordance with the established procedure in cooperation with other departments of Rosselkhoznadzor, territorial bodies of Rosselkhoznadzor and organizations subordinate to Rosselkhoznadzor, executive authorities of the constituent entities of the Russian Federation, local governments, public associations and other organizations. In order to fulfill the instructions of the Head of the Rosselkhoznadzor and his deputies, the Rosselkhoznadzor departments have the right to request and receive information from other departments.

The Ministry of Agriculture coordinates and controls the activities of Rosselkhoznadzor. For these purposes Rosselkhoznadzor:

1) submit to the Minister for approval the annual plan and performance indicators of the Rosselkhoznadzor;

2) executes the instructions of the Minister given on instructions of the President of the Russian Federation, the Prime Minister, as well as other instructions of the Minister, his deputies on issues related to the established scope of the Rosselkhoznadzor;

3) submit for approval a draft regulation of Rosselkhoznadzor.

Head of Rosselkhoznadzor:

1) submits to the Ministry a draft regulation on the Rosselkhoznadzor, proposals on the staffing and wage fund for employees of the central office and territorial bodies;

2) submit a proposal to the Minister on the appointment and dismissal of the deputies of the Head of the Rosselkhoznadzor and the heads of the territorial bodies of the Rosselkhoznadzor.

The Rosselkhoznadzor, as well as its territorial bodies, in carrying out their activities, are guided, along with federal legislation, by the acts of the Ministry issued within its competence, including acts issued in order to control and coordinate the activities of the Rosselkhoznadzor. Proposals on draft federal laws, decrees and orders of the President of the Russian Federation, Decrees and orders of the Government, as well as draft acts of the Ministry and other proposals can only be submitted to the Ministry by the Head of the Rosselkhoznadzor or persons acting in his capacity. Draft normative legal acts of the Ministry are sent to the Rosselkhoznadzor for giving an opinion, and before the conclusion is submitted to the Ministry, they are subject to mandatory approval by the Department of Legal Work of the Administrative Department of the Rosselkhoznadzor.

Draft acts developed by the Rosselkhoznadzor are submitted to the Ministry with an explanatory note containing the necessary calculations, justifications and forecasts of the socio-economic, financial and other consequences of the implementation of the proposed solutions.

The cover letter indicates the reason for the introduction, information about the content and approval of the project. At the same time, the draft act is endorsed by the Head of the Rosselkhoznadzor (or his deputy authorized to do so). If the President of the Russian Federation, the Government has given an instruction to the Minister or Deputy Minister and at the same time to the Head of Rosselkhoznadzor, then the draft response to the President of the Russian Federation or the Government and other necessary materials are submitted by the Federal Service to the Ministry without an additional instruction from the Minister 5 days before the expiration of the period established by the President of the Russian Federation or the Government. If the Minister's order is not executed within the established time limit, the Head of the Rosselkhoznadzor, within 3 days from the expiration date, submits to the Ministry information on the status of execution of the order, the reasons for its non-fulfillment, indicating the employees who are entrusted with the execution of the order, and on the measures taken in relation to employees of the Federal Service guilty of non-fulfillment of orders. If the Head of the Rosselkhoznadzor has not made a decision to hold the employee liable, the Minister has the right to make such a decision in relation to the Deputy Head of the Rosselkhoznadzor, the head of the territorial body responsible for the execution of the order, or send a proposal to the Government to bring the Head of the Rosselkhoznadzor to disciplinary responsibility.

Part 1 Part 2

Author: Zavrazhnykh M.L.

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