GENERAL DESCRIPTION OF STATE SUPPORT FOR FARMS THROUGH THE NONFINANCIAL MEASURES

Анотація

GENERAL DESCRIPTION OF STATE SUPPORT FOR FARMS THROUGH THE NONFINANCIAL MEASURES

Gafurova, O. V. Doctor in Law, Associate Professor,

Syvolotska, S. I., researcher of the Department of agrarian, land and environmental Law named after Academic V.Z. Yanchuk

National University of Life and Environmental Sciences of Ukraine

Farms are one of the largest agricultural producers in Ukraine. Today they actively create workplaces, pay taxes to the state and local budgets. Members of these farms are local residents, and therefore they interested not only in the development of the infrastructure in rural areas, but also in the preservation of its natural, historical and cultural resources. Provision of the state support for farm’s development, formation of farmhouse settlements on their basis contributes to the further development of rural areas and solving the problem of unemployment in rural areas.

The purpose of this article is to examine certain problems of legal regulation of state support for farms. Particular attention is paid to the definition and characterization of measures that are non-financial in nature (non-financial measures) and its classification.

Among scientific researches dedicated to the exploration of legal regulation of the state support for agricultural producers including farms, the following works of the leading scientists in the field of agricultural and land law should be allocated: Ermolenko, V. M., Kovalenko, T.O., Kulinich, P.F., Marchenko, S.I., Pogrebnoy, O.O., Protsenko, T.P., Stativka, A.M., Titova, N.I., Urkevych, V.Y.

State support for farms is a set of measures taken by the state to ensure the most favorable conditions for the development of these entities, including their creation and operation. Essential place among these activities take those which have a non-financial features. Typically, its purpose is to establish a set of advantages at legislation level during the creation of these households, pursuing of their economic activities etc. Relatively, depending on the purpose of the provision, these measures are proposed to be merged into three groups: 1) organizational (to support the creation and organization of farms and to provide complicated procedure of their liquidation (established at legislation level: the right to get a free land for operating such a household; the order of inheritance the land for its maintenance; special procedure - the purchase of the farm as integral property complexes; features of its bankruptcy; promotion of the development of agricultural service cooperation); 2) career-oriented (training of skilled workers for farms); 3) informational and consulting (development of agricultural advisory activity).

Special attention is paid to the declarative character of several provisions from agricultural legislation in the sphere of providing state support for farms. Thus, quota for admission of rural youthto every higher education institutions (universities, institutes), colleges, technical schools, etc. which is obligatory for implementation was set by the Law of Ukraine from October 17, 1990 "On the priority of social development of rural areas and agriculture in the national economy" (Art. 22). Unfortunately, nowadays the aforementioned provision of Law doesn’t have a mechanism of implementation. The same applies to the implementation of the Law of Ukraine from June 17, 2004 "On agricultural advisory activities" in the provision of socially oriented advisory services (Art. 8). In addition, an example of a legal act of declarative character in this area is the Concept of formation of the state system of agricultural advisory service, approved by the Cabinet of Ministers of Ukraine from  October 31, 2011 № 1098.This Concept envisaged the implementation over the period until 2015 a number of measures aimed on support and development of agricultural advisory activity. Moreover, its implementation would provide socially oriented advisory services to at least 90% of entities in the countryside and in the rural area. Unfortunately, these measures are not feasible so far, therefore an expected results have not been achieved.