Free technical library

Agricultural law. Lecture notes: briefly, the most important

Directory / Lecture notes, cheat sheets

Comments on the article

Part 1

Table of contents

1. Concept, subject, method, system and principles of agricultural law (Concept and subject of agrarian law. Method of agrarian law. System of agrarian law. Principles of agrarian law)
2. Sources of agrarian law (Classification of sources of agrarian law. The Constitution of the Russian Federation as a source of agrarian law. Unified and differentiated legal acts of agrarian legislation)
3. Agricultural cooperative (The concept and forms of an agricultural cooperative. Unions (associations) of cooperatives. Powers of a cooperative)
4. Formation of a cooperative (The procedure for the formation of a cooperative. State registration of a cooperative. The state and cooperatives. Formation of cooperatives during the reorganization of agricultural organizations)
5. Cooperative property (Sources of formation of property of the cooperative. Share contributions of members of the cooperative. Distribution of profits and losses of the cooperative. Property liability of the cooperative)
6. Cooperative management bodies (Structure of the governing bodies of the cooperative. Powers of the general meeting of the cooperative. Meeting of authorized representatives. The board of the cooperative and its powers. Responsibility of members of the board of the cooperative. Powers of the supervisory board of the cooperative)
7. Peasant (farm) farms (The concept of a peasant (farm) farm. The composition of a peasant farm. Legal framework for the organization and activities of peasant (farm) farms. The legal regime of the property of a peasant (farm) farm. The procedure for providing land plots for creating a farm and carrying out its 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 the cooperative (Reorganization of a cooperative. Liquidation of a cooperative. Procedure for liquidation of a cooperative. Completion of liquidation of a cooperative)
9. State regulation of agro-industrial production in the Russian Federation (The concept and content of state regulation of agricultural production. Methods and forms of state regulation of agriculture and management of the agro-industrial complex. 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. 1. Concept, subject, method, system and principles of agrarian law

1. The concept and subject of agricultural law

Russian law is a system consisting of branches of law.

Branches of law, in turn, consist of norms united in institutions.

Agrarian (agricultural) law is one of such institutions, which occupies far from the last place in the system of Russian law. Some legal scholars prove the need to single out agrarian law as an independent branch, while others dispute this. The fact is that the system of law does not remain unchanged over time.

It happens that with the emergence of new social relations, a new branch of law also appears - for example, with the growth of the use of hired labor, labor law has separated from civil law - and vice versa, some branches die off. Some branches in the process of development of law are converging; Thus, with the introduction of the right of private property, land law in the field of regulating transactions with land was closely intertwined with civil law. Such traditional branches as constitutional, administrative, civil, and criminal law are generally recognized in the science of Russian law.

However, a number of scientists substantiate the need to single out complex industries as secondary legal entities.

These include, for example, business law. Proponents of agricultural law are also based on the theory of complex industries. They define agrarian law as "a system of legal norms regulating agrarian (land, property, labor, organizational and managerial) relations in the field of agricultural production activities."

agricultural law - this is a set of legal norms that regulate social relations that develop in agriculture, in the process of agricultural activities. Agricultural law refers to complex branches of law. The allocation of agricultural law to a complex branch of law is based on:

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

2) methods and principles of legal regulation;

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

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

Studying the normative acts on agricultural issues, agrarian law deals with the comparison, analysis and interpretation of the norms contained in them. To do this, it is necessary to know the regulations of other industries related to issues addressed by agricultural legislation.

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

Just as the main subject of agrarian law is agrarian legislation (otherwise it is called agricultural legislation or agricultural legislation - these terms are equivalent).

Branch of legislation is a system of normative acts regulating a certain sphere of social relations. Branches of legislation do not always coincide with branches of law; in the legislation there are objectively complex branches, including the norms of different branches of law, for example, legislation on health care, science, and culture. These include agricultural law. Agrarian legislation is a set of normative acts of various levels - laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, orders and instructions of the relevant ministries and departments - regulating relations arising in the field of agricultural activity.

Agricultural activity in this case is understood as the production of crop and livestock products, their sale and primary processing by rural producers themselves.

Accordingly, the sphere of regulation of agrarian legislation does not include the activities of food industry enterprises and other industries processing agricultural products; agricultural engineering, rural construction.

Agrarian legislation regulates the contractual relations of rural producers with such service organizations, but the activities of all agro-industrial enterprises are wider than the scope of agrarian legislation.

The branch of modern agrarian legislation consists of several large sub-sectors, which are arrays of regulations:

1) state management of agriculture includes regulatory legal acts on the system of governing bodies, on state policy in the field of pricing for agricultural products, financing and lending to agricultural enterprises, applying benefits and subsidies, licensing certain types of activities, etc.;

2) the legal status of agricultural formations - societies, partnerships, cooperatives, as well as peasant and personal subsidiary plots. General rules on the organizational and legal forms of legal entities are contained in civil law. Agrarian, on the other hand, includes legal acts that regulate either the features of individual forms of entrepreneurship (the adoption of such acts is expressly provided for, for example, by laws on joint-stock companies, on limited liability companies), or the activities of such purely agrarian formations as agricultural cooperatives and peasant farms;

3) contractual relations in the sphere of the agro-industrial complex. Here the principle is the same - all contracts are regulated by the Civil Code of the Russian Federation (CC RF), but the specification of its norms in relation to contracts applied in the agro-industrial sphere is carried out in agrarian regulatory legal acts;

4) individual branches of agricultural production. They include regulations aimed at stimulating the development of certain sectors of animal husbandry and crop production (for example, sheep breeding, beekeeping, flax breeding, viticulture), the introduction of progressive and environmentally friendly technologies for the production of a particular agricultural product, and compliance with its quality and safety standards. In addition, this includes a group of acts that regulate agricultural activities related to scientific, veterinary, agronomic, agrochemical services for agricultural production, including issues of selection, seed production, livestock breeding.

There are some more questions: culture, way of life, improvement in agriculture; agricultural resettlement; ancillary industries.

The sphere of agricultural production has significant specifics: dependence on natural and climatic factors, the seasonal nature of labor, the excess of agricultural production time over the length of working time, and the use of land as the main means of production. It is also necessary to take into account the importance of the agricultural sector for ensuring the food security of the country.

Therefore, the allocation of agrarian relations as an independent subject of legal regulation is of an objective nature and is due to the need to take into account the peculiarities of agriculture as a branch of the economy in the legislation.

The peculiarity of social relations in agriculture also lies in the fact that in the aggregate they cannot be attributed to the subject of any of the traditional branches of law and, depending on the specific type, they are regulated by different branches of law. At the same time, they are closely interconnected, require complex legal regulation and are considered in agrarian law as an integral entity. Hence the specificity of the subject of agrarian law as a complex complex of various types of social relations in agriculture (land, property, organizational and managerial, labor, etc.).

Russian agrarian law as an academic discipline studies the legislation regulating social relations related to agricultural activities, the practice of its application, the history of its origin and development, as well as the agrarian legislation of foreign countries. Despite the fact that various types of social relations in agriculture do not constitute an organic single relationship, nevertheless they are closely related to each other and are considered as an integral entity. This is precisely the specificity of agrarian relations as a complex complex of various types of agrarian relations in agriculture.

2. Agricultural law method

Each of the traditional branches of law has a specific method of legal regulation, that is, the way the norms of this branch influence the behavior of people, the social relations regulated by this branch. Agricultural law (as a complex industry) uses the methods of different industries. It is characterized by an organic combination of public law and private law methods of regulation.

1. public - state, administrative, criminal, criminal procedural, financial, civil procedural (governs the relationship of the state, its bodies with citizens and other subjects of law, while state bodies act as bearers of state power; they establish mandatory regulations, and to violators are subject to state coercion).

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

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

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

With the transition to a market economy, the area of ​​application of private law is becoming wider.

Private law in agriculture - these are relations connected with the creation and activities of agricultural commercial organizations and peasant farms, the conclusion and execution of contracts, as well as labor and membership relations of citizens engaged in agricultural production.

In the regulation of these relations, methods of voluntariness, legal equality of the parties, their independence from each other (even if the state participates in them) are used.

3. Agrarian law system

The structure of agrarian law is made up of legal institutions and norms.

The scientifically substantiated arrangement of agrarian legal institutions in accordance with their role in the regulation of agrarian relations constitutes the system of agrarian law.

The division of agrarian law into institutions is carried out on the basis of agrarian and other legislation. Almost all institutions of agricultural law are complex, as is the industry as a whole.

The system of agrarian law consists of a General and a Special part.

The General Part includes institutions that characterize:

1) state regulation of agriculture;

2) legal regulation of social relations in the countryside;

3) legal bases of agrarian reform;

4) legal status of agricultural organizations;

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

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

The Special Part includes institutions that determine:

1) the legal regime of property of agricultural organizations;

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

3) features of legal regulation in agriculture:

a) financial relations;

b) labor relations;

c) contractual relations;

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

5) liability for violations of agricultural legislation.

Thus, agrarian law should be considered as a complex specialized branch of law, which is a system of interrelated legal norms determined by internal unity that regulates agrarian social relations in the field of agricultural and related activities.

4. Principles of agricultural law

Agrarian law is built mainly on the principles that are characteristic of all Russian law:

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

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

3) environmental safety, ensuring the quality of products;

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

5) freedom of contract;

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

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

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

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

LECTURE No. 2. Sources of agrarian law

1. Classification of sources of agricultural law

Modern agrarian law covers two interconnected spheres of legal regulation. One of them is the traditional area of ​​agrarian relations, which are developing in the sphere of agricultural activity itself in the cultivation of the land, the production of crop and livestock products.

Another area of ​​relations regulated by agrarian law includes the activities of auxiliary enterprises and crafts in agriculture related to the processing of agricultural products and food production. The sources of agrarian law serve as a form of expression and consolidation of the agrarian policy of the state as an important factor influencing the formation and development of legal institutions in the field of legal regulation of agrarian relations.

Agricultural policy of the state develops in the form of social orientations, a set of goals, ideas, principles, methods for regulating relations between town and countryside, economic relations in the countryside, programs for solving the food problem.

State strategy in agrarian policy follows from the commodity-money relations that are deeply spreading in the agrarian sector in the presence of tendencies towards the formation of a multi-structural agrarian economy. This was reflected in the legislative fixing of land plots in the private ownership of citizens and legal entities, which fully complies with generally recognized international documents. Agrarian legislation gives priority to such a right as the right to free exit of workers from collective farms and state farms with the assignment of their right to a land share.

Sources of law - this is an external form of expression of the law-making activity of the state with the support of the will of the people, with the help of which the will of the legislator becomes mandatory for execution. The specificity of the sources of agrarian law is expressed in the mechanism of their legislative consolidation - they often serve as a form of expression in special acts of agrarian legislation that are not included in any of the main branches of legislation.

Most of the norms of agrarian law are established by complex legal acts designed specifically to regulate agrarian relations. The structure of complex legal acts that formalize the transformation of the totality of border legal institutions into a new complex branch - agrarian law, also includes the norms of civil, administrative, labor, and other main branches of law. This is the complex nature of legal norms. In the agrarian legal doctrine, it is common to three-term classification of sources of agricultural law.

They share by way of lawmaking on normative legal acts of the state, acts of authorized and delegated lawmaking. In agrarian law, to a greater extent than in other branches of law, acts of authorized and delegated lawmaking are used as sources of law.

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

The specifics of delegated lawmaking It is expressed in the fact that while authorizing agricultural commercial organizations and public peasant self-government to develop regulatory legal acts, the state nevertheless does not lose its competence for the legal regulation of agrarian relations.

Delegated lawmaking in the field of public administration, as a rule, it is associated with the temporary granting to a subordinate state body of the right to develop a normative act, the publication of which is within the competence of the delegating body. The most common form of the source of law are legal acts.

1. The main source of agricultural law, as for all other branches of Russian law, is the Constitution of the Russian Federation, which has supremacy over all legal acts in the Russian Federation and has the highest legal force of December 12, 1993.

Legal force is the ability of a normative act to regulate social relations.

2. Federal constitutional laws (in case of competition of normative legal acts of different legal force, the normative act that has greater legal force is applied) which comment on many provisions of the Constitution of the Russian Federation, including those related to agrarian law.

3. Federal Laws. Such Laws are distinguished by their scope:

1) general action;

2) special action.

If the law of special action regulates social relations differently than the law of general action, then the law of special action operates; if a law of general action regulates social relations not regulated by a law of special action, then a law of general action shall apply; if a general law governs relations regulated by a special law, then the law of special action shall apply.

Among the federal laws regulating agrarian legal relations, one can distinguish such as the Federal Law "On the Peasant (Farm) Economy", the Federal Law "On Agricultural Cooperation", as well as codified regulatory legal acts, such as the Civil Code of the Russian Federation, the Land Code of the Russian Federation of October 25 2001 No. 136-FZ and others.

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

5. A significant role in the regulation of agrarian relations is played by regulatory legal acts of the constituent entities of the Russian Federation and local acts. The main feature of such acts is that they are limited in application by territorial features.

The issues regulated by such acts are mainly applicable to a particular subject of the Russian Federation on clearly defined grounds, for example, the existence of legislative acts of the republics-subjects of the Russian Federation regulating production and economic activities in a particular industry (for example, for the Republic of Sakha (Yakutia)) - animal husbandry, associated with regional specialization in agriculture, based on the natural and climatic conditions of the region.

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

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

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

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

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

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

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

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

6) legal regulation of agricultural labor;

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

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

The Constitution of the Russian Federation recognizes property as the main independent production relation in the system of economic relations that exist independently of the will of individuals. Article 8 of the Constitution of the Russian Federation recognizes and protects the equality of private, state, municipal and other forms of land ownership - the economic basis of civil society. With the inclusion of provisions on the forms of ownership of land and other natural resources in the Constitution of the Russian Federation, the stability, inviolability, and security of land ownership relations are strengthened.

3. Unified and differentiated regulatory legal acts of agrarian legislation

Unified acts of agrarian legislation - a legal source and form of expression of the norms of agrarian law, which are based on the integration of the legal regulation of agrarian relations. Unification creates favorable conditions for reducing the amount of regulatory material, for improving the efficiency of law enforcement.

The Civil Code of the Russian Federation (Chapter 34) establishes the most important principles that apply to agricultural law:

1) the contractual nature of the agricultural lease;

2) voluntariness and equality of the parties under the lease agreement;

3) freedom to choose forms of management;

4) paid character of agricultural lease;

5) the reality and guarantee of the subjective rights of the landlord and tenant.

Differentiated acts of agrarian legislation - a legal source and form of expression of the norms of agrarian law, which are based on the differentiation of the legal regulation of agrarian relations, due to the creation of a new system of production relations based on the diversity of forms of ownership and management in the market.

The most important act of this kind is the Federal Law of June 11, 2003 No. 74-FZ "On Peasant (Farm) Economy". An example of differentiation is Federal Law No. 8-FZ of December 1995, 193 "On Agricultural Cooperation", which contains norms of substantive and procedural regulation designed specifically for their application in relation to agricultural cooperatives.

The implementation of the agrarian reform led to the emergence of new organizational and legal forms of economic (commercial) activity that did not previously exist within the framework of the state-planned national economy, corresponding to market relations. New types of enterprises appeared - private production formations, initially joint, small enterprises, then business partnerships and companies.

LECTURE No. 3. Agricultural cooperative

1. The concept and forms of an agricultural cooperative

The concept of an agricultural cooperative is enshrined in the Federal Law "On Agricultural Cooperation".

So, according to Art. 1 said law agricultural cooperative - this is an organization created by agricultural producers and (or) citizens leading personal subsidiary plots on the basis of voluntary membership for joint production or other economic activities based on the pooling of their property share contributions in order to meet the material and other needs of members of the cooperative.

An agricultural cooperative (hereinafter referred to as a cooperative) may be created in the form of an agricultural production cooperative (hereinafter referred to as a production cooperative) or an agricultural consumer cooperative (hereinafter referred to as a consumer cooperative).

Federal Law No. 3-FZ of November 2006, 183 "On Amendments to the Federal Law "On Agricultural Cooperation" and Certain Legislative Acts of the Russian Federation" amended the provisions on membership in an agricultural cooperative, the regulation of property relations, and the procedure for conducting general meetings, the rules for the reorganization, liquidation of agricultural cooperatives, control over their activities, as well as the concepts of agricultural cooperation and agricultural cooperative were changed.

If the law previously provided that agricultural cooperation - this is a system of various agricultural cooperatives, now the legislator has specified this concept, indicating that this is a system of agricultural production and agricultural consumer cooperatives. A change has been made to the concept of "agricultural cooperative". At present, the circle of persons who have the right to create an agricultural cooperative has been expanded, and citizens leading private subsidiary plots have been added to agricultural producers, who can create agricultural cooperatives both together with agricultural producers and without them. The concept of "personal labor participation" has undergone a serious change.

If earlier the participation of a member of a cooperative in the activities of a production cooperative was expressed by the number of days worked by him in the cooperative in conjunction with the volume of work performed or output for a given period, now the number of days has ceased to be of fundamental importance, since instead of it, personal labor participation can now be expressed in the amount of wages, and without necessarily taking into account the volume of work performed or output for a given period, which can now be independent criteria in assessing personal labor participation.

Personal labor participation of cooperative members in economic activities - the main feature that distinguishes production cooperatives from consumer cooperatives.

In accordance with it, it is established that citizens, and not legal entities, can be members of a production cooperative, as well as the minimum number of members (five) necessary for the main work in the cooperative to be carried out on its own (clause 2, article 1 of the Federal Law "On amendments to the Federal Law "On Agricultural Cooperation" and certain legislative acts of the Russian Federation "specifies that the number of employees of a production cooperative (with the exception of workers employed in seasonal work) should not exceed the number of members of this cooperative.). There is an exception to the principle of labor participation only for associate members, which can also be legal entities.

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

A production cooperative is a commercial organization.

The types of production cooperatives are:

1) agricultural artel (collective farm);

2) fishing artel (collective farm);

3) cooperative economy (koopkhoz);

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

The federal law "On Agricultural Cooperation" approaches the term "artel" differently than the Civil Code of the Russian Federation. According to the Civil Code of the Russian Federation, an artel and a production cooperative? equivalent concepts; the company name of a production cooperative must contain the words "production cooperative" or "artel". And according to the Federal Law "On Agricultural Cooperation", an artel is one of the varieties of an agricultural production cooperative and is synonymous with a collective farm. The mention of collective farms in the Federal Law "On Agricultural Cooperation" is of particular importance.

The fact is that the Civil Code of the Russian Federation, which contains an exhaustive list of organizational and legal forms of commercial organizations, does not name collective farms. This created a dual situation. Theoretically, of course, collective farms have always been recognized as a kind of cooperatives. But the long-term process of stateization of collective farms in the conditions of a planned regulated economy led to the fact that none of the cooperative principles actually applied to them, the collective farms, in essence, had no right to dispose of their property and manufactured products.

Therefore, in the course of the agrarian reform, it was decided to reorganize both state farms and collective farms into new, modern types of commercial organizations. It must be said that collective farms even now have specific features compared to other types of cooperatives: they are large diversified farms (which is generally not typical for a cooperative form of production), and members of collective farms have never made share contributions (they received their conditional shares in the course of reorganization and division collective farm property).

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

The principle by which co-opkhozes are classified as production cooperatives, - personal labor participation of its members in economic activity. But there is still a certain contradiction with the concept of a production cooperative in this case: the latter is an association of citizens who are not entrepreneurs, and the heads of farms who create a cooperative are just individual entrepreneurs.

Their entry into a commercial organization - such as a co-farm - can create a number of problems, in particular, it will lead to double taxation of farmers. In the countryside, in recent years, forms of production cooperation between farmers have developed - mainly in the joint use of agricultural machinery, but such relations may well be regulated by an agreement on joint activities, without the creation of a special organization.

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

And there are already a sufficient number of such cooperatives, they were formed mainly in the course of the reorganization and division of collective farms and state farms by separating one of the divisions of the former economy along with land and property shares of its members.

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

Agricultural consumer cooperatives, as based on the list of their activities, given in paragraph 2 of Art. 4, Federal Law "On Agricultural Cooperation" are engaged in entrepreneurship related to agricultural production.

But at the same time, they differ significantly from production cooperatives - primarily in that the economic activity of consumer cooperatives is aimed primarily not at making profit, but at satisfying the material and other needs of their members. That is why they are non-profit organizations. The income received from entrepreneurial activity is not distributed among the members of the consumer cooperative, but is used to fulfill common goals.

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

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

At the same time, the creation of a network of service cooperatives is of great importance for the development of the farming movement in Russia. Such cooperation will help peasant farms resist the established monopoly of processing, purchasing, repair, and other enterprises, withstand competition from large farms, and save money, effort, and time for solving purely production problems by transferring certain auxiliary functions to the cooperative. It is this kind of inter-farm cooperation that prevails all over the world.

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

1) processing;

2) household (commercial);

3) serving;

4) supply;

5) horticultural;

6) gardening;

7) livestock;

8) credit;

9) insurance;

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

The list of types of agricultural consumer cooperatives, given in Art. 4 of the Federal Law "On Agricultural Cooperation" is not exhaustive. The type of activity itself does not determine the classification of an agricultural cooperative as a consumer one. In principle, production cooperatives are also engaged in almost all of the listed activities.

Consumer cooperatives can also be of a mixed type., i.e., engaged in several activities, for example, the processing of agricultural products, their marketing and transport services for rural producers.

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

The norms of paragraph 3 of Art. 4 of the Federal Law "On Agricultural Cooperation" can also be applied to associations of citizens for collective horticulture and horticulture. Until now, horticultural and horticultural partnerships have been operating, their model charters were approved by the Council of Ministers of the USSR. The law on cooperation in the USSR classified horticultural and horticultural partnerships as cooperatives. At present, there is no special model or exemplary charter for a horticultural (gardening) partnership.

Such partnerships may well change their name to "consumer cooperative" and bring their charters in line with the Federal Law "On Agricultural Cooperation". As in consumer cooperatives, the production of agricultural products in them is not marketable, but is intended for personal consumption. A partnership, according to the Civil Code of the Russian Federation, is an organizational and legal form of entrepreneurial activity and is a commercial organization.

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

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

Credit and insurance cooperatives are excluded from the list of types of consumer cooperatives (clause 2, article 4 of the Federal Law "On Agricultural Cooperation"). The functions of credit and insurance cooperatives were transferred to service cooperatives, the list of activities of which was also expanded with mechanized, agrochemical works, scientific and production services, legal and financial consulting services.

Supply cooperatives are formed for the purpose of purchasing and selling means of production, fertilizers, lime materials, feed, oil products, equipment, spare parts, pesticides, herbicides and other chemicals, as well as for the purpose of purchasing any other goods necessary for the production of agricultural products; testing and quality control of purchased products; supply of seeds, young livestock and poultry; production of raw materials and materials and their supply to agricultural producers; purchases and supplies to agricultural producers of the consumer goods they need (food, clothing, fuel, medical and veterinary drugs, books, and others).

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

A consumer cooperative is formedif it includes at least two legal entities or at least five citizens. At the same time, a legal entity that is a member of a cooperative has one vote in making decisions by the general meeting. If earlier the Law established that a legal entity that is a member of a consumer cooperative has one vote when making a decision by the general meeting, unless otherwise provided by the charter of the cooperative, now the words "unless otherwise provided by the charter of the cooperative" are excluded from this norm of the Law.

This means that the statutes of consumer cooperatives must be brought into line with this norm. Two or more production and (or) consumer cooperatives may form consumer cooperatives of subsequent levels, up to all-Russian and international consumer cooperatives. Moreover, only cooperatives of the previous level can be members of a cooperative of the next level.

At least 50% of the volume of work (services) performed by service, processing, marketing (trade), supply, horticultural, horticultural and livestock cooperatives must be carried out for members of these cooperatives. Legal entities of any organizational and legal form can form an agricultural consumer cooperative.

Paragraph 12 of Art. 4 of the Federal Law "On Agricultural Cooperation" is specifically devoted to the case of the creation of a consumer cooperative by other agricultural cooperatives. In accordance with it, not only production, but also consumer cooperatives can establish such a cooperative, although they are not agricultural producers, as required by paragraph 1 of the article in question. In this way, consumer cooperatives form cooperatives of subsequent levels - moreover, they can either coincide in their profile of activity with the cooperatives that created them, or be completely different.

They should be distinguished from unions (associations) of cooperatives, which also have a multi-level structure; the latter are not allowed to engage in commercial activities. The name of a consumer cooperative must contain an indication of the main purpose of its activity, as well as the words "agricultural cooperative".

2. Unions (associations) of cooperatives

Cooperatives, independently or jointly with other legal entities - agricultural producers - in order to coordinate their activities, as well as to represent and protect common property interests, may, under an agreement between themselves, create associations in the form of unions (associations) of cooperatives (hereinafter referred to as a union (association)) which are non-profit organizations. A union (association) is created without limitation of the period of activity, unless otherwise established by its constituent documents.

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

He has the right, in accordance with the established procedure, to open bank accounts in the territory of the Russian Federation and abroad, as well as to create branches and open representative offices in the territory of the Russian Federation. According to Art. 52 of the Civil Code of the Russian Federation in the constituent documents of non-profit organizations, the subject and goals of the legal entity's activities must be determined. And Art. 14 of the Federal Law of January 12, 1996 No. 7-FZ "On non-profit organizations" establishes that in The constituent documents of a non-profit organization must also define: its location, the procedure for managing activities, information about branches and representative offices, the rights and obligations of members of the organization, the conditions and procedure for admission to its members and withdrawal, sources for the formation of property, the procedure for amending constituent documents, the procedure for using property in the event of liquidation of a non-profit organization.

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

Unlike cooperatives the constituent documents of unions (associations) are both the constituent agreement and the charter. The peculiarity of the founding agreement in comparison with the charter is that the first is a civil law agreement of a multilateral nature, concluded and signed by all participants of the union or association (the charter is approved by them) and is binding only on the association itself and its founders.

In such an agreement, the founders undertake to create a legal entity (union or association), determine the procedure, ways and stages of joint efforts to create it, the conditions for transferring their property to it and participating in its activities. The agreement also defines the conditions and procedure for the distribution of profits and losses among the participants, management of the activities of a legal entity, withdrawal of founders (participants) from its composition. Since the agricultural union (association) is a non-profit organization, its activities are financed mainly by the members of the union (association), and the profits received are not subject to distribution among them.

The sources of forming the property of a union (association) are:

1) regular and one-time receipts from the founders (members, participants);

2) voluntary contributions and donations;

3) proceeds from the sale of goods, works, services;

1) dividends (income, interest) on shares, bonds, other securities and deposits;

2) income received from the property of the union (association);

3) other receipts not prohibited by law.

If, by decision of the members of the union (association), the union (association) is entrusted with conducting business activities, such a union (association) is transformed into a business company or partnership in the manner prescribed by civil law, or it may create a business company to carry out entrepreneurial activities or may participate in such a society. Members of a union (association) retain their independence and the rights of a legal entity.

According to paragraph 4 of Art. 121 of the Civil Code of the Russian Federation, an association (union) is not liable for the obligations of its members; members of the association bear subsidiary liability for its obligations in the amount and in the manner prescribed by the founding documents of the association. When leaving the union or association, the participant bears subsidiary liability for the obligations of the association in proportion to his contribution for another two years (the same rule applies in case of his exclusion from the union, association).

Withdrawal from the union is stipulated by the condition - the end of the financial year. The right of a participant to return to him the contribution made during the creation of the union is not provided for by law. As for the entry into the union of new members, then paragraph 8 of Art. 5 of the Federal Law "On Agricultural Cooperation" speaks of the procedure provided for by the charter of the union, and paragraph 3 of Art. 123 of the Civil Code of the Russian Federation - that a new member can enter an association (union) only with the consent of its members.

In Art. 5 of the Federal Law "On Agricultural Cooperation" does not mention the governing bodies of agricultural unions (associations). According to the Federal Law "On Non-Commercial Organizations", the supreme governing body of a union (association) is the general meeting of its members. The general meeting is competent in the presence of at least half of the members of the union. The exclusive competence of the general meeting includes:

1) amendment of the articles of association;

2) determination of priority areas of activity, principles of formation and use of property;

1) formation of executive bodies and early termination of their powers;

2) approval of the annual report and annual balance sheet.

Decisions on the above issues are taken unanimously or by a qualified majority of votes.

The competence of the general meeting includes:

1) approval of the financial plan of the union (association);

2) creation of branches and representative offices;

3) participation in other organizations;

4) reorganization and liquidation of the union (association).

In the agricultural union (association) is also created executive body, which can be collegial and (or) one-man. Non-profit organizations do not have the right to pay remuneration to members of their supreme bodies and management for the performance of the functions assigned to them, with the exception of compensation for expenses directly related to participation in this work.

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

At the same time, according to Art. 17 of the Federal Law "On non-profit organizations" a union or association has the right to be transformed into a foundation, an autonomous non-profit organization, a business company or a partnership. During the transformation, the rights and obligations of the reorganized union or association are transferred to the newly emerged organization in accordance with the deed of transfer.

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

It should be emphasized that agricultural unions and associations are not superior to the cooperatives that form them. In this they differ from the previously created associations and combines everywhere - agro-industrial (district, republican, etc.), specialized agricultural, scientific and production, etc.

At the same time, unions (associations) undoubtedly have the function of coordinating the entrepreneurial activities of cooperatives, which implies a certain managerial influence on them from the union, since agricultural cooperatives voluntarily transfer the appropriate powers to it.

Therefore, in the constituent documents of the union, it is advisable to fix the principle of binding management decisions for members of a given agricultural union. Agricultural unions and associations can be created both on a sectoral and territorial basis. Undoubtedly, the creation of agricultural unions and associations that protect the rights of rural cooperators and help their work will contribute to the development of the cooperative movement in Russian agriculture.

Given the difficult economic situation of the current farmers and cooperatives and their small number, the state should provide them with some assistance in this direction.

Economic support for unions (associations) according to Art. 31 of the Federal Law "On non-profit organizations" can be provided by state authorities and local governments within their competence in various forms, namely:

1) provision of benefits for the payment of taxes, customs and other fees and charges;

2) exemption from payment for the use of state and municipal property;

3) placement among unions and associations on a competitive basis of state and municipal orders;

4) granting tax benefits to citizens and legal entities that provide financial support to agricultural unions.

It should be noted that the name of the union (association) should contain an indication of the main subject of activity not of the union or association itself, but of its members (for example, "union of milk cooperatives").

3. Powers of the cooperative

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

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

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

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

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

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

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

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

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

9) carry out reorganization or liquidation of the cooperative.

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

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

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

In addition, there is a statutory list of activities that can be carried out only on the basis of a special permit (license). Federal Law No. 8-FZ of August 2001, 128 "On Licensing Certain Types of Activities" defines such a list, as well as the procedure for issuing licenses and the bodies authorized to conduct licensed activities.

Agricultural cooperatives may create branches and representative offices. According to Art. 55 of the Civil Code of the Russian Federation, a representative office is a separate subdivision of a legal entity located outside its location, which represents the interests of the legal entity and protects it. A branch is a separate subdivision of a legal entity located outside its location and performing all or some of its functions, including the functions of a representative office.

At the same time, representative offices and branches are not legal entities. The property of these subdivisions is endowed by the agricultural cooperative that created them; he also approves the regulation on the representative office or branch, appoints their leaders and is responsible for the obligations of his branches and representative offices.

The rights of an agricultural cooperative to dispose of its property are defined in Ch. VI FZ "About agricultural cooperation". The rights to dispose of land plots are regulated by the land legislation of the Russian Federation and the legislation of its constituent entities (since the Constitution of the Russian Federation refers land legislation to the joint competence of the Federation and its constituent entities).

With regard to the powers defined in sub. 9 st. 6 of the Federal Law "On Agricultural Cooperation", the general rule on the possibility of citizens and legal entities applying to the judiciary for the protection of violated rights in the field of management is contained in Art. 46 of the Constitution of the Russian Federation. Article 13 of the Civil Code of the Russian Federation establishes: "A non-normative act of a state body or local government, and in cases provided for by law, also a normative act that does not comply with the law or other legal acts and violates the civil rights and legally protected interests of a citizen or legal entity, may be recognized invalid". If the court recognizes the act as invalid, the violated right is subject to restoration or protection by other means. Generally, protection of civil rights in accordance with civil law is carried out by:

1) recognition of the right;

2) restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation;

3) recognizing a voidable transaction as invalid and applying the consequences of its invalidity, applying the consequences of the invalidity of a void transaction (in these cases, in accordance with Article 167 of the Civil Code of the Russian Federation, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind, to reimburse it monetary value);

4) invalidation of an act of a state body or local self-government body;

5) self-defense rights;

6) awarding to the performance of duties in kind;

7) compensation for losses;

8) recovery of a penalty;

9) compensation for moral damage;

10) termination or change of legal relationship;

11) non-application by the court of an act of a state body or local self-government body that contradicts the law;

12) in other ways provided by law.

Law of the Russian Federation of April 27, 1993 No. 4866-1 "On Appeal to Court of Actions and Decisions Violating the Rights and Freedoms of Citizens" classifies collective and individual actions and decisions as such, as a result of which not only the rights and freedoms of a citizen are violated, but also obstacles to their implementation are created, any duty is unlawfully imposed on the citizen or he is unlawfully brought to any responsibility.

You can apply directly to the court or to a higher state body, local government, institution, official, and they are required to consider the issue within a month. If no response is received within a month or the complaint is denied, the citizen has the right to file a complaint with the court.

LECTURE No. 4. Formation of a cooperative

1. The procedure for the formation of a cooperative

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

This may be, for example, a consumer agricultural cooperative created by farmers, or a production cooperative created by a group of people who have resettled from the city. At the same time, such moments as the preparation of a draft charter, the acceptance of applications for membership in a cooperative, and the holding of a general organizational meeting are also obligatory for cooperatives created in the course of reorganization. In order to form a cooperative, citizens and legal entities that have expressed a desire to create a cooperative form organizing committee whose responsibilities include:

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

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

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

The norm of paragraph 1 of Art. 8 of the Federal Law "On Agricultural Cooperation" is advisory in nature. It focuses on how best to organize the work to create a new cooperative. But if, for example, a cooperative is created by 5 people, they may not appoint a special organizing committee, but jointly carry out the necessary preparatory work. The same applies to the feasibility study.

Until now, the legislation has mentioned a feasibility study as a mandatory document that comprehensively motivates the need to create a state-owned enterprise or association and is submitted for consideration by a higher authority that makes the final decision on the establishment of an enterprise (association). In the context of this law, the feasibility study is an internal document of the cooperative and serves to clarify by its members themselves what the property basis of their further functioning will be. It is not submitted to any state bodies.

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

General organizational meeting of members of the cooperative:

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

2) approve the charter of the cooperative;

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

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

In our opinion, at the organizational general meeting, the decision to establish a cooperative should be taken unanimously, as well as the approval of the charter, since the charter, which is then submitted for state registration, is signed by all participants in the general organizational meeting (Article 9 of the Federal Law "On Agricultural Cooperation") .

2. State registration of a cooperative

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

Non-commercial organizations are also subject to state registration in accordance with the said law, if, in accordance with their constituent documents, they have been granted the right to conduct entrepreneurial activities. Consequently, the law applies to both production and consumer agricultural cooperatives. However, it should be borne in mind that it does not apply to the registration of legal entities created in the process of privatization.

The application for state registration shall be accompanied by:

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

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

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

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

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

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

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

The cooperative is considered created from the moment of its state registration. Registration is carried out no later than three days from the date of submission of the necessary documents or within 30 calendar days from the postal date indicated in the receipt for sending the constituent documents. Registration is carried out by assigning the cooperative the next number in the register of incoming documents and affixing a special inscription (stamp) with the name of the registering authority, number and date on the 1st page (title page) of the cooperative's charter, countersigned by the official responsible for registration.

State registration data, including for commercial organizations - a company name, are included in the unified state register of legal entities, open to the public.

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

In cases of violation of the terms or procedure for state registration, the cooperative may appeal against the actions of the state body that carried out the state registration of the cooperative to the court in accordance with the procedure established by law. From the text of paragraph 3 of Art. 9 of the Federal Law "On Agricultural Cooperation" it follows that the refusal to state registration of a cooperative on the grounds of the inexpediency of its creation is unacceptable.

The state body that carried out the state registration of the cooperative publishes a message about this in the manner prescribed by Art. 47 of the Federal Law "On Agricultural Cooperation", indicating the name of the cooperative, the date of its registration, the location of the cooperative, information about the subject of its activities, as well as the surnames, names, patronymics of the members of the board of the cooperative. A cooperative that has not started statutory activities within a year is subject to exclusion from the unified state register of legal entities in the prescribed manner.

3. State and cooperatives

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

However, this support does not end there. The supreme bodies of state power and administration of the Russian Federation adopt regulations containing a set of measures for the development of the agro-industrial complex of the country as a whole, all of which in one way or another affect the interests of agricultural cooperatives.

For example, Decree of the Government of the Russian Federation of February 7, 1996 No. 135 "On measures to stabilize the economic situation of the agro-industrial complex of the Russian Federation in 1996." it was established that all types of state support from the federal budget are paid to all agricultural producers, regardless of the form of ownership and departmental affiliation. This includes, in particular, subsidies for the development of livestock breeding, poultry farming, for the purchase of seeds of agricultural crops of higher reproductions, compensation of 25% of insurance payments to commodity producers who have concluded insurance contracts for agricultural crops, compensation of up to 30% of land users' funds spent on the primary cultivation of meliorative lands, compensation of part of the cost of imported veterinary drugs, chemical and biological plant protection products, etc.

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

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

The Ministry promotes scientific and technological achievements, assists in the development of advanced technologies and methods of management, organizes information and consulting services for peasant farms and agricultural cooperatives, provides training, retraining and advanced training for agricultural workers and specialists.

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

All these bodies are vested with the functions of control and supervision in the relevant branches of agricultural production, have the right to conduct the necessary inspections, prohibit certain types of activities that violate established norms, rules, standards; instructions of state inspectors on issues within their competence are mandatory for agricultural enterprises and organizations of all organizational and legal forms, including cooperatives.

When privatizing state-owned enterprises for processing agricultural products and providing services to agricultural producers, laws and other regulatory legal acts provide for the preferential right of agricultural consumer cooperatives to participate in the privatization of these enterprises.

Bodies of state power and bodies of local self-government are not entitled to interfere in the economic, financial and other activities of cooperatives, with the exception of cases provided for by the legislation of the Russian Federation.

Cooperatives (both production and consumer) are not subordinate to any organizations.

But it is no coincidence that in paragraph 3 of Art. 7 of the Federal Law "On Agricultural Cooperation" specifically emphasizes that state authorities and local governments are not entitled to interfere in the activities of an agricultural cooperative. Such interference was the norm during the period of the dominance of the command-administrative system, and there are still attempts to influence and pressure cooperatives on the ground.

The cases established by the legislation of giving orders and instructions to agricultural cooperatives by the authorities and management are connected, for example, with the activities of the State Inspections, which were mentioned above. In addition, the Ministry of Agriculture and Food of Russia organizes accounting, statistical reporting and audit work in all agricultural organizations, including cooperatives.

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

Disputes on compensation for such losses are considered by the court in accordance with their jurisdiction. If material damage is caused by illegal actions of state bodies, then the agricultural cooperative has the right to compensation. It is guaranteed by Art. 53 of the Constitution of the Russian Federation: "Everyone has the right to state compensation for damage caused by illegal actions (or inaction) of state authorities or their officials." The corresponding norm is also contained in Part 1 of Art. 16 of the Civil Code of the Russian Federation. Damage caused by such violations as illegal actions of state bodies, local self-government bodies and their officials, illegal acts of these bodies, as well as inaction, i.e. failure to fulfill the duties assigned to the relevant body, is subject to compensation.

Under the losses of the cooperative in accordance from Art. 15 of the Civil Code of the Russian Federation refers to the expenses that it has made or will have to make to restore the violated right, the loss or damage to its property (actual damage), as well as lost income that the cooperative would have received under normal conditions of civil circulation if its right had not been violated (lost profit).

The recovery of damages is preceded by an assessment by a court or arbitration court of the legality of an action (inaction) or act of a state body, local government body. Losses are subject to recovery in the presence of guilt and proof of a causal relationship between losses and illegal actions (inaction) or acts of the perpetrator of the harm. They are reimbursed by the Russian Federation, the relevant subject of the Russian Federation or a municipality (Article 16 of the Civil Code of the Russian Federation).

4. Formation of cooperatives during the reorganization of agricultural organizations

Members (participants) of a collective farm, economic partnership, company, as well as the labor collective of a state farm, with the consent of the owner, have the right to decide to preserve the existing form of management, bringing it into line with current legislation, or a decision to reorganize and create on its basis one or more cooperatives, or other agricultural organizations or peasant (farm) farms in the manner prescribed by the Civil Code of the Russian Federation and the Federal Law "On Agricultural Cooperation".

Reorganization of a legal entity according to Art. 57 of the Civil Code of the Russian Federation means a merger, accession, division, separation or transformation. In Art. 10 Federal Law "On agricultural cooperation" reorganization means first of all, a change in the organizational and legal form of an agricultural organization (transformation) with a simultaneous division into several new organizations (or without such a division). The agrarian reform in Russia, which began in 1991-1992, presupposed, first of all, the reorganization of collective farms and state farms, which at that time represented the two main forms of agricultural production. Moreover, such a reorganization includes two points:

1) the transfer of rights to property and land of collective farms and state farms to the workers themselves by allocating shares to them;

2) transformation of a collective farm, state farm into a commercial organization of one of the forms established by law.

It is easy to see that almost all of Art. 10 of the Federal Law "On Agricultural Cooperation" goes beyond the scope of regulation of this law. It establishes general norms for reorganization in agriculture.

This is due only to gaps in the legislation in this area. The reform of the agricultural sector is regulated by only a few decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, adopted mainly in 1992 - 1993; not a single major law on this topic has been adopted, some of the most important issues have not been resolved at all in a regulatory manner. Therefore, the Law on Agricultural Cooperation took upon itself the solution of some of the most common, most acute problems.

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

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

State data registration, including for commercial organizations - a company name, are included in the unified state register of legal entities, open to the public. Contained in Art. 1 of the Federal Law "On Agricultural Cooperation", the mention that the collective of an agricultural organization has the right to decide on the preservation of the existing form of management, at first glance, does not make sense, such a right goes without saying. However, this provision is a new version of an already existing norm.

The fact is that initially, decisions on agrarian reform ordered all collective farms and state farms, without exception, to reorganize as soon as possible. But many farms that worked quite effectively within the framework of the established organizational and legal form did not want to change it.

Therefore, it was established that "in the event that meetings of labor collectives decide to preserve the previous form of management, collective farms and state farms are re-registered with land assigned to them in accordance with the current legislation." And the collectives of many farms took advantage of this situation, thanks to which, in particular, the collective-farm form of production, which was rejected, has been preserved to this day and has found its consolidation in the Federal Law "On Agricultural Cooperation". However, in practice there are a lot of questions related to the application of the said norm. Therefore, in this article of the Federal Law "On Agricultural Cooperation" it is specified.

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

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

In case of reorganization of an agricultural organization, its members (participants, employees) independently decide on joining a cooperative or other agricultural organizations provided for by civil legislation or form peasant (farm) enterprises. In paragraph 2 of Art. 10 of the Federal Law "On Agricultural Cooperation" it is said that the reorganization in agriculture is carried out not automatically and not en masse, but exclusively individually, i.e. if a cooperative is formed on the basis of an agricultural organization, then each employee (participant) who wants to to join it, submits an application for admission.

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

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

In paragraph 3 of Art. 10 of the Federal Law "On Agricultural Cooperation" refers to the making of share contributions when joining a production cooperative created on the basis of an agricultural organization. This norm can be applied in exactly the same way when joining a consumer cooperative, and when joining a "new" production cooperative.

A share contribution is required when joining a cooperative of any kind. A citizen who has received a property share and a land share upon leaving an agricultural organization may use them as such a contribution. The division of the property of agricultural enterprises into shares, and the land into shares of employees, is provided for by the agrarian reform resolutions mentioned above.

An accrued property share can act as a share contribution: if the entire agricultural organization or its separate subdivision is transformed into an agricultural cooperative, then the newly formed cooperative receives a part of fixed and circulating assets corresponding to the number of shares of the members of the reorganized agricultural organization joining this cooperative.

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

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

The right to use the land share, in accordance with the above-mentioned Recommendations, is contributed to the authorized capital of the organization for a period not exceeding three years, with the possibility of introducing the right to use the land share in the future.

During this period, the owner retains the possibility of allocating a land plot on account of a share in kind. All provisions relating to the contribution of land shares to the share fund of a cooperative are also valid when a citizen transfers not a share, but directly a land plot allocated to him in kind in the course of the reorganization of a particular farm. If the owners of land shares do not agree with the location of the land plot allocated to them, disputes are resolved in court.

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

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

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

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

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

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

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

Paragraph 4 of Art. 10 of the Federal Law "On Agricultural Cooperation" contains a general rule relating to any agricultural organization that is subject to division into several new organizations or peasant farms. At the same time, paragraph 5 of Art. 10 of the Federal Law "On Agricultural Cooperation", which is a logical continuation of the previous paragraph, applies only to cooperatives.

Therefore, in future regulatory legal acts on other types of commercial organizations, it would be advisable to include similar provisions obliging agricultural organizations that received indivisible objects of the production infrastructure of a reorganized farm to ensure that other organizations and peasant farms formed during the same reorganization can use them.

If other agricultural organizations and peasant (farm) holdings are unwilling to become associate members of a production cooperative, they are compensated for the cost of their shares attributable to indivisible objects of production infrastructure, or they transfer these indivisible objects of production infrastructure to the corresponding production cooperative for trust management.

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

Such a transfer of property does not entail a transfer of ownership. The trustee has the right to perform any legal and factual actions with respect to the property transferred to him under the agreement, but the law or the agreement may provide for restrictions on certain such actions.

The trust manager makes transactions with the property transferred to trust management on his own behalf, indicating that he acts as such a manager.

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

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

The contract of trust management of property is concluded for a period not exceeding five years. In the absence of a statement by one of the parties on the termination of the contract at the end of its validity period, it is considered extended for the same period and on the same conditions that were provided for by the contract.

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

In accordance with the procedure provided for by the Federal Law "On Agricultural Cooperation" and the charter of a consumer cooperative, which was created for the purpose of using indivisible objects of production infrastructure, any agricultural producer engaged in the activity of on the territory of the reorganized organization.

Consumer cooperative, referred to in paragraphs 10 and 11 of Art. 4 of the Federal Law "On Agricultural Cooperation", is the most appropriate form of organization created to use the indivisible objects of the production infrastructure of the reorganized economy. But it would be wrong to consider it as the only possible form.

A consumer cooperative is created in accordance with the free decision of its founders - agricultural organizations and farms, and in this situation they may well decide to create a business company or partnership, and not a cooperative.

The same can be said about the enshrined in paragraph 8 of Art. 10 of the Federal Law "On Agricultural Cooperation" the right of each agricultural producer operating on the territory of the reorganized organization to use the facilities of the production infrastructure.

In order to exercise such a right, there must be an obligation for a consumer cooperative to accept as its members any agricultural producer operating in the given territory. However, in our opinion, such a duty is not unconditional.

The right to make a decision on admission to membership in the cooperative or on refusal to accept belongs in any case to the general meeting of the consumer cooperative. It is advisable in the charters of such cooperatives, created to use indivisible objects of production infrastructure, to fix the pre-emptive right to admit these commodity producers as members of the cooperative, as well as the grounds on which admission may be refused.

A cooperative can also be created on the basis of a transformed peasant (farm) economy. In this case, according to Art. 259 of the Civil Code of the Russian Federation, a cooperative, as a legal entity, acquires the ownership of property transferred to it by members of the farm as contributions; the amount of contributions is established on the basis of the shares of the members of the farm in the right of common ownership of the property of the peasant farm.

LECTURE No. 5. Property of the cooperative

1. Sources of formation of property of the cooperative

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

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

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

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

Thus, part of the property of the cooperative is the shares of its members. The legal status of this part of the property depends on the legal status of the member of the cooperative, to which his share is assigned. A share, as the property of a person who has joined a cooperative, belongs to the cooperative on the basis of the right of ownership, but with the condition that this person is a member of the cooperative. As soon as the person who transferred the share leaves the cooperative, the share, as well as the accrued income from the property of the cooperative, revert to the possession, use and disposal of this person (natural or legal).

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

These funds form the basis of the economic activity of the cooperative.

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

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

In particular, the legislation establishes mandatory state registration of immovable things, while in cases where this is required by law, along with state registration, special registration or accounting of certain types of real estate must be carried out (Article 131 of the Civil Code of the Russian Federation).

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

The cooperative has the right to independently determine the direction of use of the property belonging to it by the right of ownership. Nevertheless, as an economic entity, a cooperative cannot but adhere to the accepted division of property used in economic activities into fixed and working capital (or funds), if only because accounting and reporting requires compliance with certain regulatory rules.

In particular, the in keeping records of funds, the cooperative must be guided by Federal Law of November 21, 1996 No. 129-FZ "On Accounting" and the Regulation on Accounting and Accounting in the Russian Federation (approved by Order of the Ministry of Finance of the Russian Federation of July 29, 1998 No. 34n).

This Regulation is valid to the extent that it does not contradict this law, and establishes the methodological basis for accounting and reporting for organizations that are legal entities under the laws of the Russian Federation, regardless of their subordination and form of ownership. Introducing the accounting rules, this Regulation defines in detail the actual concepts of fixed and current assets of the organization and their composition.

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

Fixed assets include buildings, structures, transmission devices, working and power machines and equipment, measuring and control instruments and devices, computers, vehicles, tools, production and household equipment, working and productive livestock, perennial plantations, on-farm roads and others. funds.

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

They do not belong to fixed assets of production and are taken into account in organizations (and, therefore, in cooperatives) as part of assets in circulation:

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

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

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

Therefore, they are related to both fixed and working capital.

The composition of capital investments includes the costs of construction and installation works, the purchase of equipment, tools, inventory, other capital works and costs (design and survey, geological exploration and drilling, costs for land acquisition and resettlement in connection with construction, for training personnel for newly created organizations and others).

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

The use of this classification of material and monetary resources is mandatory for a cooperative and allows it to keep records of property and report on activities to regulatory authorities in accordance with generally accepted rules. In addition to economic differences, there is a difference in the legal regime of fixed and working capital.

This, in particular, concerns the sources of their replenishment: working capital is replenished from the organization’s income, credit loans, etc. sources; and fixed assets - from certain funds of the organization.

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

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

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

Defining the types and features of consumer agricultural cooperatives, the Law does not indicate what property of a member of a cooperative of a given type can serve as a share contribution, as is done in Art. 3 of the Federal Law "On Agricultural Cooperation" for production cooperatives. The formation of the property of agricultural consumer cooperatives, therefore, is subject to the requirements of civil law, including the law on cooperation. In particular, some issues of property of the cooperative are regulated by Art. 116 of the Civil Code of the Russian Federation "Consumer Cooperative".

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

The charter of a cooperative must contain conditions on the amount of share contributions of cooperative members, the composition and procedure for making them, liability for violation of the obligation to make share contributions (Article 11 of the Federal Law "On Agricultural Cooperation"; Articles 108, 116 of the Civil Code of the Russian Federation). The size of the mandatory and additional share of each member of the cooperative, the timing of its payment, the form of the share contribution, the amount of payment of the cost of share contributions and the dates of these payments are indicated in the membership book of the member of the cooperative (Article 15 of the Federal Law "On Agricultural Cooperation").

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

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

Such a list with an indication of the book value may include buildings, structures, structures, machinery, equipment, farm animals, seeds, fodder and other property of the cooperative that is not subject to division into shares of members of the cooperative and associated members of the cooperative or issuance in kind during the period of existence of the cooperative upon termination of membership in the cooperative.

Since the right to create indivisible funds (except for the reserve) is granted to the cooperative, it is the general meeting that must decide how expedient their formation is, both from an economic point of view and from the point of view of the interests of each of its members.

The cooperative must form Reserve fund, which is indivisible and the size of which must be at least 10 percent of the cooperative’s mutual fund. The reserve fund is created, in particular, to cover unproductive losses and damages, as well as payment of income to members of the cooperative in the absence or insufficient profit of the reporting year for these purposes.

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

The new version of the Law clarifies that until the formation of the reserve fund in full, the cooperative is not entitled to make cooperative payments, accruals and payment of dividends on additional share contributions of members of the cooperative, and in a credit cooperative also receive loans from members of the cooperative and associate members of the cooperative. The new version of the Law also determines that in a production cooperative, the reserve fund must be formed at the expense of annual deductions of at least 10% of profits, and in a consumer cooperative, from deductions from income and from additional (targeted) contributions proportional to the participation of members of the cooperative in its economic activity, at the expense of other sources provided for by the charters of production and consumer cooperatives (clause 7, article 34 of the Federal Law "On Agricultural Cooperation").

2. Share contributions of members of the cooperative

The definition of the concept of "share" of members of an agricultural cooperative is contained in Art. 1 FZ "About agricultural cooperation". At the same time, this law puts an equal sign between the concepts of "share" and "share contribution", defining them as a property contribution of a member of a cooperative or an associated member of a cooperative.

These two concepts are definitely related. However, other legislation on cooperation sees a difference between a share and a share contribution. For example, the Federal Law "On Agricultural Cooperation" defines share contribution as property contributed by a person upon joining a cooperative, and share as the property of a cooperative, assigned to a member of the cooperative.

The difference lies in the fact that, according to the definition of the Federal Law "On Agricultural Cooperation", a share consists of a share contribution and part of the cooperative's net assets (with the exception of an indivisible fund), while the Federal Law "On Agricultural Cooperation" limits the size of a share to the size of a share contribution (separating cooperative payments and income from additional contributions).

The property owned by the cooperative, with the exception of property constituting indivisible funds, is divided in monetary terms into share contributions of its members in accordance with the charter of the cooperative. After the formation of the cooperative, the share contributions of its members are combined into a share fund (with the exception of the part that passes into an indivisible fund) and form the basis of the economic activity of the organization.

Share contribution (mandatory and optional) is primarily a determinant of the property participation of a cooperative member in its economic activity.

Accounting for mandatory and additional share contributions makes it possible to establish what part of the property passes to a member of the cooperative in the event of his withdrawal from the organization or its liquidation. Since all the property of the cooperative is subject to division into shares (except for the part constituting indivisible funds), then, in accordance with the definition of property, each member of the cooperative is subject to part of the rights and part of the obligations of the cooperative.

In accordance with the latter, the amount of subsidiary liability of a cooperative member for his (the cooperative's) obligations is determined.

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

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

Since changes in the size of the share fund, and hence the authorized capital, affect the interests of all members of the cooperative and creditors, the Law provides for a complex procedure for carrying out this procedure - by decision of the general meeting, followed by amendments to the charter and state registration of changes. Since paragraph 6 of Art. 34 of the Federal Law "On Agricultural Cooperation" introduces the dependence of the size of the reserve fund on the size of the share fund, then after changes in the size of the share fund in the prescribed manner, changes in the size of the reserve fund should also occur.

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

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

In the event that a person who has joined a cooperative pays land plots, land and property shares and other property or property rights on account of a share contribution, the monetary value of share contributions is made by the board of the cooperative and approved by the general meeting of members of the cooperative. The general meeting of members of the cooperative may approve the methodology for the monetary valuation of the transferred property and instruct the board of the cooperative, on the basis of this methodology, to organize work on the monetary valuation of the said property.

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

By decision of the general meeting of members of the cooperative, the monetary value of share contributions may be subjected to an independent expert verification. The share contribution may include cash, land plots, land or property shares, other property, property rights. But, despite all the diversity, the Federal Law "On Agricultural Cooperation" establishes the rule on keeping records of share contributions in value terms.

The part of the estimated value of the share contribution, which exceeds the size of the mandatory share, is transferred with the consent of the member of the cooperative to its additional share (clause 6, article 35 of the Federal Law "On Agricultural Cooperation"). Since this paragraph introduces a rule according to which a part of the property of a cooperative member that exceeds the amount of the mandatory contribution can be transferred to the cooperative as an additional contribution with the consent of the cooperative member, difficulties may arise in applying this rule.

This is due to the fact that part of the property of a member of the cooperative (in value terms) remains in his ownership and he retains the right to own, use and dispose of it, then he is not obliged to give consent to the transfer of this property in an additional contribution.

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

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

This paragraph limits the sources of replenishment of mutual funds in two ways, which are united by the general principle - replenishment occurs at the expense of members of the cooperative: either from the property of members of the cooperative (additional shares), or from a part of the profits of the cooperative intended for distribution among its members.

To increase the share fund through cooperative payments, a qualified majority of votes is required, since this decision is part of the exclusive competence of the general meeting to determine the procedure for distributing profits (clause 2, article 20 of the Federal Law "On Agricultural Cooperation"). If the general meeting of members of the cooperative decides to classify a part of the funds of the unit fund of the cooperative as an indivisible fund, the shares of the members of the cooperative are reduced in proportion to the amount of the specified part of the funds.

Cooperative creditors must be placed in fame on reducing the size of the unit fund or the terms of its formation within a month after the entry into force of these changes. Claims of creditors who filed claims against the cooperative within six months after the publication of the notice of the indicated reduction in the size of the share fund must be satisfied.

A person who becomes a member of a cooperative after state registration pays a mandatory share in the manner and within the time limits established by the charter of the cooperative. In some cases provided for by the charter, the cooperative may allocate loans to newly joining members to pay for the mandatory share. Paragraph 12 of Art. 35 of the Federal Law "On Agricultural Cooperation" introduces, in addition to the list of items that are mandatory included in the charter, the requirement to establish cases when a cooperative can provide a loan for making a mandatory contribution.

These cases should be reflected in the section of the charter that determines the procedure for joining the cooperative. Admission to membership in a cooperative (for a production cooperative) and granting credit to members of a cooperative (for cooperatives of any kind) are within the exclusive competence of the general meeting. Consequently, decisions on these issues will be considered adopted if 2/3 of those present vote for them (clause 3, article 20 of the Federal Law "On Agricultural Cooperation").

3. Distribution of profits and losses of the cooperative

Article 36 of the Federal Law "On Agricultural Cooperation" establishes the procedure for the distribution of profits received by production cooperatives, as well as income from entrepreneurial activities of consumer cooperatives. Profit is the final financial result revealed for the reporting period based on the accounting of all business operations of the cooperative and the assessment of balance sheet items.

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

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

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

This provision significantly strengthens cooperative democracy. The losses and obligations of the cooperative are subject to distribution among the members of the cooperative, the amount of which is related to the size of the cooperative payments.

The profit of the cooperative, determined by the balance sheet, is distributed as follows:

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

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

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

4) for cooperative payments.

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

At the same time, in a consumer cooperative, losses are distributed in accordance with the share of participation of a member of the cooperative in economic activity, in a production cooperative - in accordance with the size of the share contribution and (or) wages.

Cooperative payments are distributed in the following order:

1) for payment in a consumer cooperative to non-members of the cooperative in proportion to their participation in its activities, if these payments are provided for by the charter of the consumer cooperative;

2) to replenish the share contributions of members of the cooperative, to which, by decision of the general meeting of the cooperative, up to 80% of the amount of cooperative payments remaining after the corresponding payments to non-members of the cooperative can be sent; incremental shares may be redeemed not earlier than 3 years after their formation. Redemption of incremental units is not allowed if the size of the unit fund exceeds the amount of net assets or the amount of net assets in the year of redemption of incremental units has become lower compared to the previous year;

3) the balance of cooperative payments is paid to the members of the cooperative in the manner prescribed by the charter of the cooperative.

Cooperative payments directed in accordance with sub. 2 p. 4 art. 36 of the Federal Law "On Agricultural Cooperation" to replenish the share contributions of members of the cooperative, can be used for:

1) an increase in the share fund of the cooperative, if the general meeting of the members of the cooperative has adopted an appropriate decision;

2) repayment in full or in part of share contributions of members of the cooperative, for which the maturity dates have come up. Repayment of share contributions is carried out if the cooperative has funds in excess of the size of the share fund established by the charter, including cooperative payments directed to increase it. Repayment of share contributions of members of the cooperative is not made before the formation of the share fund of the cooperative in full, except for the cases of repayment of share contributions of associate members of the cooperative.

4. Property liability of the cooperative

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

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

Members of the cooperative, on the contrary, bear subsidiary liability for the obligations of the cooperative.

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

The Federal Law "On Agricultural Cooperation" establishes the specifics of the subsidiary liability of members of a production cooperative.

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

The losses of the consumer cooperative are covered by:

1) at the expense of its reserve fund;

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

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

In this case, the part of the additional contribution not made by him becomes the limit of the subsidiary liability of a member of the cooperative.

Paragraph 4 of Art. 37 of the Federal Law "On Agricultural Cooperation" additionally confirms that a person joining a cooperative receives not only the rights of a member of the cooperative, but also the obligation to fulfill the obligations of the cooperative.

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

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

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

The property received by a person from a cooperative on the basis of entry, as well as due to him (the person) in compensation for the transferred to the cooperative, shall be transferred to the income of the Russian Federation.

In accordance with paragraph 2 of Art. 15 of the Civil Code of the Russian Federation, losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (actual damage), as well as lost income that the person would have received if his right had not was violated.

If a member of a cooperative has received income as a result of a violation of the rights of the cooperative, the cooperative has the right to demand compensation, along with other losses, for lost profits in an amount not less than the amount of this income.

Since paragraph 5 of Art. 37 of the Federal Law "On Agricultural Cooperation" does not specify which share contribution should be reduced - mandatory or additional, the provision of the paragraph applies to these two types of share contribution.

Paragraph 6 of Art. 37 of the Federal Law "On Agricultural Cooperation" limits the foreclosure of a cooperative member's own debts to his share contribution, but only if his own funds are insufficient.

LECTURE No. 6. Management bodies of the cooperative

1. The structure of the governing bodies of the cooperative

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

The cooperative is managed by:

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

2) the board of the cooperative;

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

The powers, the structure of the management bodies of the cooperative, the procedure for electing and recalling members of the management board of the cooperative and members of the supervisory board of the cooperative, as well as the procedure for convening and holding a general meeting of members of the cooperative or a meeting of authorized persons are established in accordance with the Federal Law "On Agricultural Cooperation" by the charter of the cooperative. Thus, the list of bodies that manage the cooperative given in the article is not exhaustive; it includes only the main organs.

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

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

And in Art. 17 of the Federal Law "On Agricultural Cooperation" provides that the board is elected in a cooperative with more than ten members.

The functions of the supervisory body in agricultural cooperatives are performed by the supervisory board.

In consumer agricultural cooperatives, it is created without fail. Whether the formation of a supervisory board is obligatory for production cooperatives with more than 50 numbers is not clear from the text of the article.

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

This formulation should also be applied to agricultural production cooperatives.

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

For example, despite the fact that auditing activities under the Federal Law "On Agricultural Cooperation" are carried out by audit unions serving several cooperatives, an agricultural cooperative, in our opinion, has the right to elect its own audit commission or auditor.

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

In addition, the presence of an audit commission was provided for by the Exemplary Charter of the collective farm, therefore such commissions were preserved in production cooperatives operating in the form of a collective farm. Finally, the election of a revision union (Article 31 of the Federal Law on Agricultural Cooperation).

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

At the same time, the Federal Law "On Agricultural Cooperation" on many issues directly refers to the charters of cooperatives, for example, in paragraph 2 of Art. 20 (establishment of a quorum for making a decision on an issue falling within the exclusive competence of the general meeting); paragraph 1 of Art. 29 (procedure for decision-making by the supervisory board), etc.

2. Powers of the general meeting of the cooperative

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

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

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

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

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

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

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

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

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

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

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

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

11) reorganization and liquidation of the cooperative;

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

When making a decision on one of the issues related to the exclusive competence, the general meeting must comply with the established rules and be guided by the norms of this and other laws providing for the procedure for amending the charter, electing and changing the composition of the board and other management bodies of the cooperative (Article 26 of the Federal Law "On agricultural cooperation"), disposal of certain types of property, other norms.

In accordance with the general principles of cooperation, each member of the cooperative, regardless of the size of the share contribution, has one vote. In order for the decision of the general meeting of the cooperative to come into force, the general meeting must comply with the normatively established procedure for making decisions. The main rules governing this procedure are contained in Art. 24 of the Federal Law "On agricultural cooperation", etc.

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

The charter of a cooperative may provide for a higher quorum for adopting a decision on an issue that falls within the exclusive competence of the general meeting of members of the cooperative.

Notification of the forthcoming consideration of an issue falling within the exclusive competence of the general meeting of members of the cooperative shall be sent without fail to all members of the cooperative who have the right to participate in voting on this issue. If this requirement is violated, the decision of the general meeting of members of the cooperative is considered unlawful.

3. Meeting of delegates

In a cooperative, in which the number of members exceeds 200 members, the general meeting of members of the cooperative, in accordance with the charter of the cooperative, may be held in the form of a meeting of delegates.

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

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

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

2) the term of office of the said persons;

3) the procedure for their election.

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

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

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

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

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

4. Board of the cooperative and its powers

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

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

The law does not dwell in detail on the powers with which the general meeting of members of the cooperative is obliged to give the board. Specially marked only two such powers: implementation of the current management of the activities of the cooperative and representation of the cooperative in economic and other relations.

However, the approval of the Federal Law "On Agricultural Cooperation" and other legislation of the norms governing the organization of a cooperative and its activities, reorganization and liquidation of a cooperative, naturally implies that certain actions that change the legal status of a cooperative, its property, management and coordination of economic activities are carried out from name of the cooperative by its governing bodies.

Accordingly, the implementation of most actions of a procedural nature falls on the board of the cooperative or its chairman. This is primarily the implementation of decisions of the general meeting of members of the cooperative, the organization of office work, the organization of the preparation of the annual report, the hiring of employees of the cooperative.

This may also be the representation of the cooperative in state and judicial bodies, the conclusion of transactions on its behalf in the manner prescribed by law and the charter.

In addition, an even more extensive list of diverse duties of the board of the cooperative can be cited. However, the Federal Law "On Agricultural Cooperation" establishes in Art. 11 that the competence of the board of the cooperative is approved and fixed by the charter of the cooperative, which means that in each specific case the list of powers will be limited and depend on the type and specialization of the cooperative.

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

The powers of the board of the cooperative terminate upon the expiration of the term, after which the general meeting must re-elect the composition of this executive body.

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

The requirement that only members of the cooperative can be members of the board of a cooperative corresponds to a general principle that does not allow unauthorized persons to interfere in the activities, and even more so in the management of the cooperative.

The law does not establish a specific restriction on the election of associate members to the board. However, this governing body can hardly be called fully functional if it includes members who are deprived of the right to vote on most issues of the cooperative's activities, namely, associate members in accordance with the Federal Law "On Agricultural Cooperation".

Paragraph 4 of Art. 26 of the Federal Law "On Agricultural Cooperation" establishes a combination of the sole responsibility of the members of the board for the fulfillment of their duties with the general responsibility of the board of the cooperative for decisions taken collectively.

In other words, a member of the board independently makes decisions and is responsible for the fulfillment of those duties that are assigned to him in accordance with this article and the charter of the cooperative, and all members of the board are responsible for decisions taken by the board of the cooperative collectively.

This article also provides that the charter must determine the size of the amount of business transactions, above which a joint decision of all members of the board must be made. This amount must be changed in accordance with the procedure provided for making amendments to the charter of the cooperative.

The powers of the body, called paragraph 5 of Art. 26 of the Federal Law "On Agricultural Cooperation" by the executive directorate, were not reflected in a separate article of Ch. 5 FZ "About agricultural cooperation".

According to the meaning, this body should elect the general meeting of the members of the cooperative, since it is he who is responsible for electing the executive bodies, as well as approving the charter of the cooperative, which should include the appropriate clause on the election of the executive directorate.

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

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

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

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

At the same time, the Law does not directly prohibit the election of both the chairman of the cooperative and the board, therefore, those cooperatives that intend to have both a chairman and a board must provide for such an opportunity in their charter.

If the chairman is elected instead of the board of the cooperative, all the powers that can be assigned to the board are assigned to him. The law allows for the granting of general powers by a cooperative, i.e., the authority to act on behalf of the cooperative without issuing a power of attorney to one or more members of the cooperative's board.

Members of the board of the cooperative sign the official documents of the cooperative by attaching their signature to the name of the cooperative.

To confirm the powers of the members of the board of the cooperative, it is sufficient to submit a certificate from the body that carried out the state registration of the cooperative.

The board of the cooperative manages the cooperative under its own responsibility.

At the same time, it must comply with the restrictions established by the Federal Law "On Agricultural Cooperation".

5. Responsibility of members of the board of the cooperative

Despite the fact that Art. 28 of the Federal Law "On agricultural cooperation" is called "Responsibility of the chairman of the cooperative and members of the board of the cooperative", it should be noted that it only deals with property (civil law) liability.

But legal liability, in addition to property, is of different types, and each of them is applicable to members of the board of the cooperative who have committed the corresponding offense.

Disciplinary liability in accordance with the charter of this cooperative occurs for a member of its board in case of dishonest performance of his duties in the form of withdrawal from the board, imposition of penalties provided for by the charter, up to and including exclusion from the cooperative.

Administrative liability - for example, to a fine imposed by the relevant state inspections, members of the board can be held for violation of land, environmental, sanitary and other legislation. If their actions contain elements of a crime - for example, the theft of cooperative property is committed - the guilty members of the board are held criminally liable.

The imposition of any of the listed types of penalties on a member of the board does not exclude the possibility of filing a civil lawsuit against him at the same time to compensate the agricultural cooperative for the damage caused. Members of the board of the cooperative must act in the interests of the cooperative in good faith and reasonably.

They must take measures to protect the confidentiality of information constituting an official and (or) commercial secret, which became known to them in connection with the exercise of their powers.

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

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

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

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

Moreover, solidary debtors remain obligated until the amount is paid in full.

Conversely, the fulfillment of a joint and several obligation by one of the debtors in full releases the other debtors from any payments.

At the same time, the debtor who has fulfilled the joint and several obligation may present recourse (ie, reverse) claims against the rest of the debtors in equal shares, minus the share that falls on him.

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

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

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

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

4) a loan is provided.

The concept of damages under civil law includes both actual damage and lost profits. According to Art. 15 of the Civil Code of the Russian Federation, damages - these are expenses that the person whose right has been violated (in this case, an agricultural cooperative) has made or will have to make to restore the violated right, loss or damage to his property; lost profit - this is the unearned income that the cooperative would have received under normal conditions of civil circulation if its right had not been violated.

Analysis of the established paragraph 3 of Art. 28 of the Federal Law "On Agricultural Cooperation" of the list of cases of compensation for losses leads to the conclusion that all of them are associated with causing real damage and do not concern lost profits. According to the norms of civil legislation (clause 1, article 1064 of the Civil Code of the Russian Federation), damage caused to the property of a legal entity is subject to compensation in full by the person who caused the damage. In this case, the person who caused the harm is released from its compensation if he proves that the harm was caused through no fault of his.

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

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

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

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

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

6. Powers of the supervisory board of the cooperative

The powers of the supervisory board of the cooperative are enshrined in Art. 30 FZ "About agricultural cooperation". The supervisory board of the cooperative exercises control over the activities of the board of the cooperative.

The supervisory board of the cooperative has the right demand from the board a report on its activities, as well as get acquainted with the documentation of the cooperative, check the state of the cooperative's cash desk, the availability of securities, trade documents, conduct an inventory, and more.

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

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

Members of the supervisory board of a cooperative are not entitled to transfer their powers to other persons. The supervisory board of the cooperative represents the cooperative if the cooperative has filed a claim against the members of the board of the cooperative in accordance with the decision of the general meeting of members of the cooperative.

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

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

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 created 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 making 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 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 farm members to stop 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 are no members of the farm and their heirs 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" a case when a 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 termination of peasant (farm) farming is possible by 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 farming are resolved in court. There is no doubt that the disputes in question are of a property nature, therefore their resolution is possible only in court.

In accordance with Art. 22 of the Federal Law "On the Peasant (Farmer's) Economy", the termination of the peasant (farmer's) economy is carried out in accordance with the rules of the Civil Code of the Russian Federation. 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 liquidating a cooperative is regulated by Art. 43 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 activities. Its essence comes down to implementing the state’s agricultural policy and legal norms in specific life circumstances using various methods. It is operationally creative, requires initiative, activity, determination in solving problems, taking into account all the circumstances that occur in a particular industry, in each farm.

Organizational activities. The purpose of organizational actions is to ensure clear, most efficient activities of agriculture and closely related sectors 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 Rosselkhoznadzor or the head of the Rosselkhoznadzor department, indicated first in the order or designated by the word “responsible”, “convocation”, is the main executor of the order, organizes the work and is responsible for its execution (clause 4.2 of the Resolution). The change of the main (responsible) executor of orders or requests received by Agricultural Products is 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.

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ General and clinical immunology. Crib

▪ Criminal executive law. Crib

▪ History of the new time. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive Two kiwis a day save you from depression 30.12.2016 New Zealand scientists have uncovered the secret of a good mood in people who eat two kiwis every day. Research conducted over several months with the help of 55 volunteers helped to establish the cause. As it turned out, the "hairy" fruit relieves people of depression if you eat it daily. During the experiment, experts divided people into two groups. One group ate several kiwis during the day, the second got by with a standard set of vegetables and fruits. According to the results of the study, it turned out that the well-being of the subjects who ate the overseas product all this time is much better than that of those who did not use it. Scientists have noted that kiwi helps reduce depression and negative mood. Psychologists believe that the reason for this result was the vitamin C contained in the fruit. Since it is this organic compound that affects the metabolic processes and gives additional strength and energy.

Other interesting news:

▪ The robot chooses fruit

▪ Power supply modules type SPM

▪ Ointment for snake bites

▪ Smart bike pedal

▪ The polymer changes color under mechanical stress

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Videotechnique. Article selection

▪ Article Out of reach. Popular expression

▪ article On which aircraft and why was a periscope installed? Detailed answer

▪ article Broker trading. Job description

▪ article Quartz beating metal detector. Encyclopedia of radio electronics and electrical engineering

▪ article Water does not pour out of the bottle. physical experiment

Leave your comment on this article:

All languages ​​of this page

Arabic	Hebrew	Polish
Bengali	Hindi	Portuguese
Chinese	Italian	Spanish
English	Japanese	Turkish
French	Korean	Ukrainian
German	Malay	Vietnamese

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua
2000-2024