General characteristics of internal and external agrarian financial legal relations
DOI:
https://doi.org/10.31548/law2021.03.011Abstract
The article is devoted to the separation of specific features of the internal and the external agrarian financial relations. It is proved that the peculiarities of the first group of legal relations are conditioned by the organizational and legal form of legal entities in which they arise, change and interrupt. These features are established in the legislation governing the legal status of these entities. In particular, it determines the procedure for the formation of property funds of agricultural enterprises, the distribution of financial results (profits) among the founders and participants (members) (for example, payment of dividends (in companies), dividends and patronage dividends (in agricultural cooperatives), also contributions to this fund. At the same time, enterprises accept internal documents on the basis of which such distribution is carried out. In addition, the procedure for exercising control over their financial and economic activities is regulated. The procedure of payments with members (participants) in case of termination of the business entity or withdrawal from its members (participants) is also specific.
The opinion is substantiated that the peculiarities of external agrarian financial legal relations are caused, as a rule, by the nature of the business entity activity. Therefore, these relations are regulated by agrarian legislation in field of the state financial support of agriculture and rural social sphere; implementation of certain types of agricultural activities; insurance and lending of the agricultural producers. Such legal relations, according to the author, include: payment legal relations; credit relations (including financial leasing relations); insurance legal relations; relations with the state and local budgets (regarding the payment of taxes and other obligatory payments and fees; receipt of state financial support); investment relations.
Keywords: agrarian legislation, agrarian financial legal relations, agricultural enterprise, agricultural producer, internal financial relations, external financial relations
References
Ahrarne pravo Ukrainy [Agrarian law of Ukraine] (2004) / Za red. O.O., Pohribnoho. Kyiv: Istyna, 448 (in Ukrainian).
Ahrarne pravo Ukrainy [Agrarian law of Ukraine] (2000) / Za red. V.Z., Yanchuka. Kyiv: Vydavnytstvo Yurinkom Inter, 720 (in Ukrainian).
Urkevych, V.Iu. (2007). Problemy teorii ahrarnykh pravovidnosyn [Problems of the theory of agrarian legal relations]. Kharkiv: Kharkiv yurydychnyi, 496 (in Ukrainian).
Ahrarnoe pravo. [Agrarian law] (2011) / otv. red. M.Y., Palladyna, N.H., Zhavoronkova. Moskva: Prospekt, 432 (in Russian).
Stativka, A.M. & Urkevych, V.Iu. (2014). Ahrarne pravo (ohliadovi lektsii, normatyvno-pravovi akty) [Agrarian law (review lectures, regulations)]. Kharkiv, Yurait, 352 (in Ukrainain).
Kozyr, M.Y. (2008). Ahrarnoe pravo Rossyy [Agrarian law of Russia]. 2-e yzdanye, pererab. y dop. Moskvav: Norma, 336 (in Russian).
Hryhorieva, Kh.A. (2019). Derzhavna pidtrymka silskoho hospodarstva Ukrainy: problemy pravovoho zabezpechennia [State support of agriculture of Ukraine: problems of legal support]. Kherson: Vydavnychii dim «Helvetyka», 596 (in Ukrainian).
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