Правові аспекти створення та функціонування сімейних фермерських господарств

В. Ю. Уркевич

Анотація


LEGAL ASPECTS OF CREATION AND FUNCTIONING FAMILY FARMS

V. Y. URKEVYCH, Doctor of Law Sciences, Professor

Yaroslav Mudryi National Law University


Introduction. Among the subjects of the agrarian law - agricultural commodity prevailing in the number occupied by farmers, as of April 1, 2016 According to State Statistics Service of Ukraine registered in the number of 43,897 households. Despite the fact that the Law of Ukraine "On the farm" dated 19 June 2003 r., Number 973-IV is in force more than 10-years old, the legal basis of operation of such facilities are not perfect. In particular, it concerns such a variety of these farms as family farms, rules on the functioning of which were a part of the agrarian law only pursuant to the Law of Ukraine "On Amendments to the Law of Ukraine "On the farm" and to stimulate the creation of family farms" dated March 31, 2016 r., number 1067-VIII (hereinafter - the Law).

Analysis of recent researches and publications. Previously conducted research related to various legal aspects of the farms in Ukraine, but all of them were made before the adoption of the aforementioned Law of Ukraine, and hence did not affect the functioning of family farms in Ukraine.

Purpose. The purpose of this article - scientific analysis of stories agrarian law on the establishment and operation of family farms in Ukraine and to identify gaps in the legal regulation of corresponding social relations.

Metods. In the study of the issues raised will be used formal-legal method of scientific knowledge by which content is set regulatory requirements of the law and provided their interpretation.

Results. The law, which came into force on May 1, 2016 (the day following its publication in the newspaper "Voice of Ukraine" dated 30 April 2016 r. Number 80) was introduced a number of amendments to the Law of Ukraine "On the farm" relating not only family and other farms.

The law changed the very concept of "farm" is enshrined in Part. 1, Art. 1 of the Law of Ukraine "On the farm". Now the farm is defined as a form of entrepreneurial activity of citizens who wish to produce marketable agricultural products, to its processing and sale for profit on land granted them ownership and (or) use, including rent, for doing farm farming, commercial farming, personal farm, according to law.

Of fundamental importance is the new edition of the first sentence ch. 4. 1 of the Law of Ukraine "On the farm", introduced the proposed law. According to her, "farm subject to state registration as a legal entity or an individual - entrepreneur. Farming registered as a legal entity, acting on the basis of the Charter. " In fact, given the new regulatory requirements introduced an agrarian law - farms without legal status, which did not exist before that time.

In addition, Art. 1 of the Law of Ukraine "On the farm" added the new Law ch. 5, which actually fixed the signs of family farms. Thus, it is determined that a farm registered as a legal entity, has the status of family farms, provided that his business use of members of the management, which are exclusively members of one family under Art. 3 Family Code of Ukraine; Farming without legal personality is organized on the basis of an individual - entrepreneur and has the status of family farms, if the use of members of the management, which is entirely individual - entrepreneur and his family members under Art. 3 Family Code of Ukraine. It can be concluded that the defining feature of family farms is the use in their activities of members of the management, which are exclusively members of one family.

Features of creation and family farms without acquiring legal personality assigned new century. 8-1 of the Law of Ukraine "On the farm" which was included in it by law.

Examining the kind of farming is organized by an individual - entrepreneur alone or together with members of his family under the treaty establishing the family farm. This contract is one of the family members in writing and be notarized. Terms of the contract on creation of family farms determine: a) the name, location (address) sector, purpose and types of activity; b) the decision-making and collaboration members of management; c) the legal regime of the common property of the members of management; d) order of distribution costs and results (profits or losses) of the economy among its members; e) the procedure for entry into the economy and out of it; e) labor relations management members, other provisions that do not contradict existing legislation. Also in this contract should be determined head family farms without legal person (family member, registered as an individual - entrepreneur).

Discussion. The above allows conclude that from May 1, 2016 among the subjects of a new agrarian law - family farms. These farms to other farms distinguish the following features: (a) use in their activities of members of the management, which are only members of the same family; (B) their head can only be relevant member of the family, and family farms without legal status - only family member is registered as an individual - entrepreneur and definite agreement on the establishment of the economy. Despite the efforts of legislators to improve the regulation of farms, the Law of Ukraine "On Amendments to the Law of Ukraine "On the farm" to stimulate the creation and activities of family farms" from March 31 2016 allowed a significant number of inaccuracies listed above and need its correction, because they negatively affect the practice of the establishment and operation of family farms.

The prospect of further scientific studies in the area affected problems can be use of the results of future studies, and other characteristics of the legal aspects of the farms in Ukraine.

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Посилання


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