On State Regulation Of Agricultural Production

Original Language Title: О государственном регулировании агропромышленного производства

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102048269

Expired-the Federal law from 22/08/2004, no. 122-FZ of the RUSSIAN FEDERATION FEDERAL LAW on State regulation of agricultural production adopted by the State Duma July 19, 1996 year approved by the Federation Council of the year August 7, 1996 (as amended by the federal laws from 01/10/2003 N 8-FL;
from 23.12.2003 N 186-FL) this federal law establishes the legal framework for the economic impact of the State on the agro-industrial production.
Chapter i. General provisions article 1. The notion and tasks of State regulation of agricultural production State regulation of agricultural production recognizes the economic impact of the State on the production, processing and realization of agricultural products, raw materials and food products, including fish and seafood, as well as on production and technical and logistical support to agricultural production.
The tasks of the State regulation of agricultural production are the stabilisation and development of agricultural production, food security, the Russian Federation, the improvement in the food supply of the population, maintaining economic parity between agriculture and other sectors of the economy, the convergence of income levels of workers in agriculture and industry, protection of domestic producers in the sphere of agricultural production.
Article 2. The main directions of the State regulation of agricultural production State regulation of agricultural production is carried out in the following main directions: formation and operation of the market of agricultural products, raw materials and food;
Finance, credit, insurance, tax incentives;
protect the interests of domestic producers in carrying out foreign trade activities;
the development of science and scientific activity in the sphere of agricultural production;
development of rural social sphere;
other destinations that are defined by the legislation of the Russian Federation.
Article 3. Financing agricultural production 1. The State provides funding for agricultural production at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and extra-budgetary sources.
2. Federal budget sent to the support and development of agricultural production, provided for in the federal budget a separate section and a separate line in the other sections of the budget.
3. funds the federal budget sent to the support and development of agro-industrial production, used on: support to investment activities, including the purchase of new machinery and equipment, varietal seed and breeding animals, in accordance with the federal targeted programmes;
improvement of soil fertility, conducting reclamation measures, content of public drainage systems, works to combat crop pests and diseases, the prevention and eradication of quarantine and expecially dangerous infectious animal diseases, as well as conducting scientific research and environmental protection activities on Wednesday;
lending and insurance in the sphere of agricultural production;
compensation for part of the cost of the acquisition of material and energy resources, grants to support livestock breeding, elite seed growing and production of hybrid seeds of agricultural crops;
development and support of the market of agricultural products, raw materials and food;
training, further training and retraining in the field of agricultural production;
other subsidies and payments. Specific areas and funding on them shall be established by the Government of the Russian Federation.
4. Financing for development of agricultural and industrial production are allowed at the expense of local budgets and funds from other sources, if it does not contradict the legislation of the Russian Federation.
5. the Government of the Russian Federation in forming federal budget allocates to the State Duma of the Federal Assembly of the Russian Federation, information about the situation in agro-industrial production, which includes: production of major agricultural products, raw materials and food for the past year and the prospects of development of agricultural production in the next year;
balances of consumption and production of major agricultural products, raw materials and food;
analysis of the dynamics of the prices of agricultural products, raw materials and food, prices and tariffs on the logistical resources and services for the village;
data on the level of income of agricultural organizations and peasant (individual) farms;
report on the implementation of federal targeted programmes over the past year;
proposals for the federal targeted programmes for the following year;

information about the level of target prices and calculated based on these guaranteed prices, mortgage rates, grants and compensations on preferential taxation;
information on State regulation of the market of agricultural products, raw materials and food in the past year;
information about the social development of rural areas;
analysis of the development of the science and the conduct of science in the field of agro-industrial production.
6. The constituent entities of the Russian Federation provide funding to agricultural production in accordance with the current legislation.
Article 4. State programmes developed agro-industrial production, federal targeted programmes and regional are developed, approved and funded in the manner prescribed by the legislation of the Russian Federation.
CHAPTER II. STATE REGULATION of forming and functioning of market of AGRICULTURAL products, raw materials and food Article 5. State regulation of implementation of agricultural products, raw materials and Food Producers in the sphere of agricultural production are guaranteed the possibility of free realization of agricultural products, raw materials and food. Public authorities stimulate formation of market system and realization of marketing of agricultural products, raw materials and foodstuffs in accordance with the current legislation.
In cases where the balance of production and consumption, as well as the impossibility of placing on the market of agricultural products, raw materials and food to individual species, the State is the guarantor of their distribution in accordance with the legislation of the Russian Federation.
Article 6. The pledge of agricultural products, raw materials and foodstuffs 1. When the pledge of agricultural products, raw materials and food with the participation of the State zalogoderzhateljami are legal entities authorized by the Government of the Russian Federation on implementation of the collateral, and zalogodateljami-producers in the sphere of agricultural production.
2. The list of agricultural products, raw materials and food, rental deposit, mortgage rates, how to use purchased in accordance with the established procedure by the State agricultural products, raw materials and food and other conditions of the mortgage is determined by the Government of the Russian Federation.
3. The subject of pledge may be as already produced agricultural products and products of the future harvest.
State participation in the pledge of agricultural products, raw materials and food in the following forms: allocation of budgetary resources;
lending;
budgetary allocations or lending needed to compensate for the cost of storing and handling of agricultural products, raw materials and food purchased in the prescribed manner to the property of the State.
4. The pledge of agricultural products, raw materials and food may be terminated on the initiative of the pledgor with the performance of the obligation secured by the pledge or purchase in accordance with the established procedure laid down by the State agricultural products, raw materials and food.
Purchased the property of the State enshrined agricultural products, raw materials and food are used to conduct Government commodity food, formation of State intervention funds and for other purposes. The use and implementation of these agricultural products, raw materials and food is determined by the Government of the Russian Federation.
5. The pledge of agricultural products, raw materials and food without the participation of the State shall be effected in accordance with the provisions of the civil law.
Article 7. Measures on stabilization of the market of agricultural products, raw materials and foodstuffs 1. To stabilize the market for agricultural products, raw materials and food State exercises on it procurement and trade intervention.
Procurement interventions carried out in the form of procurement and spending pledge transactions with agricultural products, raw materials and food, and commodity intervention-in the form of their sales from federal and regional food funds.
2. procurement interventions are performed in cases where market prices of agricultural products, raw materials and food prices fall below a minimum level, or in the case where producers in the sphere of agricultural production is not in a position to implement agricultural products, raw materials and food prices because of demand reduction.
3. intervention carried out in Trademark case, shortage in the market of agricultural products, raw materials and food appropriate to their species, as well as in the case of growth of market prices in excess of the maximum level of fluctuations in the market of agricultural products, raw materials and food.

4. The volume of procurement and implementation of commodity interventions, the level of prices for purchased and implemented agricultural products, raw materials and food defines the Government of the Russian Federation.
Article 8. State agents exercising State regulation of the market of agricultural products, raw materials and foodstuffs 1. State regulation of the market of agricultural products, raw materials and food, the formation and organization of the use of Federal Food Fund, coordination of public authorities in the sphere of agricultural production is entrusted to State agents, as defined by the Government of the Russian Federation.
The order of the activities of State agents, exercising State regulation of the market of agricultural products, raw materials and food, is determined by the Government of the Russian Federation.
2. Executive authorities of the constituent entities of the Russian Federation may establish the procedure for the work of State agents, exercising State regulation of the market of agricultural products, raw materials and food, in the territories of the relevant constituent entities of the Russian Federation.
Article 9. Leasing in sphere of agroindustrial manufacture 1. Leasing in the sphere of agricultural production with the participation of States implement legal entities authorized by the Government of the Russian Federation and the bodies of the Executive power of the constituent entities of the Russian Federation.
List of property which is the subject of leasing, rental rates, lending sources needed for its spending, and other leasing terms in the field of agro-industrial production is defined respectively by the Government of the Russian Federation and the bodies of the Executive power of the constituent entities of the Russian Federation.
2. Without the participation of the State is carried out in accordance with the civil legislation.
Article 10. Market and guaranteed prices for agricultural products, raw materials and food 1. The basis of economic relations in the market of agricultural products, raw materials and food are market (contract) prices, folding under the effect of supply and demand.
2. Guaranteed prices for agricultural products, raw materials and food prices apply if average market prices below the guaranteed, as well as in the implementation of agricultural products, raw materials and food directly to the State or supplements producers in the sphere of agricultural production in the cases stipulated by the Government of the Russian Federation.
The guaranteed price is calculated on the basis of a price target and is set by the public authorities. Guaranteed price should ensure that agricultural producers, taking into account other forms of State support income sufficient for expanded reproduction, in accordance with the objectives defined by the economic policies of the State in the coming period.
3. The list of agricultural products, raw materials and food that are set guaranteed prices, quantities (quotas) for its implementation at guaranteed prices, the level of guaranteed prices and their indexing, as well as the procedure for the application of the guaranteed price shall be established by the Government of the Russian Federation.
Article 11. Target prices of agricultural products, raw materials and food 1. Target price (normative indicators) are established by the Government of the Russian Federation to ensure parity price ratios on industrial and agricultural products to cover the cost caused by the levying of taxes and other payments, the payment of interest on loans, obtain agricultural workers of income at the level of the average income of workers by industry and profit, sufficient to conduct expanded reproduction.
2. 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, mortgage rates mortgage from agricultural products, raw materials and food, and to calculate subsidies and compensation to agricultural producers, stipulated by the legislation of the Russian Federation.
How to use target price (normative indicator) for the purposes referred to in the first part of this paragraph, shall be determined by the Government of the Russian Federation.
Article 12. Antitrust regulation of prices in the agro-industrial production

1. For organizations of primary processing of agricultural products for industrial maintenance and logistical support of the agro-industrial complex, occupying a dominant position can apply price regulations. Regulating these prices, list of products (services), which establishes the federal bodies of executive power prices, defines the Government of the Russian Federation in accordance with the requirements of antimonopoly legislation of the Russian Federation.
2. the Government of the Russian Federation with a view to facilitating the establishment and development of market relations in agroindustrial production, stabilizing cross-sectoral cost proportions organizes conclusion between agricultural producers and suppliers of material and technical resources (services) the price agreements, aimed at maintaining parity prices for agricultural and industrial products (services).
Article 13. Grants and compensation to agricultural producers subsidies and compensation provided to agricultural producers at the expense of the federal budget, shall be established by the Government of the Russian Federation in accordance with federal laws and other regulatory legal acts of the Russian Federation.
Grants and compensation provided to agricultural producers at the expense of the budgets of the constituent entities of the Russian Federation shall be established in the manner prescribed by laws and other normative legal acts of the constituent entities of the Russian Federation.
CHAPTER III. STATE REGULATION of LENDING, payment and insurance in the SPHERE of AGRICULTURAL PRODUCTION Article 14. State regulation of crediting agroindustrial production 1. Of the federal budget spent on support and regulation of agricultural production, funds were allocated for: short-term loans seasonal costs and maintaining appropriate reserves in agricultural production;
long-term crediting of agricultural production;
the pledge of agricultural products, raw materials and food;
advance procurement of agricultural products, raw materials and food for public use;
leasing in the sphere of agricultural production;
provision of credit cooperatives, more than 50 per cent of the authorized capital of which belongs to legal entities and natural persons engaged in agricultural production, long-term loans to generate their share capital.
2. the Government of the Russian Federation creates special funds for the implementation of State support for lending in the agro-industrial production and determines the order in which the use of these funds.
Lending at the expense of the funds with the agroindustrial production collected no more than 25 per cent discount rate, Central Bank of the Russian Federation.
Article 15. Payment system in the agricultural production of 1. Non-cash transactions of legal entities are consumers (buyers) of agricultural products, raw materials and food, producers (suppliers) located on the territory of the Russian Federation shall be made on collection, if otherwise not stipulated in the treaty settlement.
Term of payment for agricultural products and raw materials delivered for processing and other organizations, as well as for food delivered commercial and other organizations is set when the collection up to ten days and on perishable goods until five days after receipt of payment documents in the payer's Bank.
In a sustained economic ties payments for agricultural products, raw materials and food are implemented through compulsory payments at least three times a month.
2. the buyer of agricultural products, raw materials and food to pay the supplier a penalty at the rate of 2 per cent for each day of delay in payment of the amount of late paid products, and the late payment more than 30 days at a rate of 3 per cent. Recovery of fines in favor of the supplier is made without based on the requirements of the supplier in accordance with banking regulations, product buyer's Bank levy in favour of the latter 5 per cent received penalty.
3. The organization procuring products from agricultural producers, pay its cost as a matter of priority after tax in the budgets of all levels, contributions to the Pension Fund of the Russian Federation, the Federal compulsory medical insurance fund and social insurance fund of the Russian Federation. (As amended by the Federal law dated 10.01.2003 N 8-FL) Article 16. State regulation of insurance in the sphere of agricultural production 1. Crop insurance, agricultural producers at the expense of own funds of the insurers to pay 50 percent of the premiums, the remaining 50 per cent of premiums paid insurers at the expense of the federal budget.

The Government of the Russian Federation may differentiate the sizes of insurance contributions at the expense of the federal budget for crops and regions.
2. State support of agricultural producers insurance rests with State agents, as defined by the Government of the Russian Federation.
3. The procedure and conditions for the Organization and conduct of the insurance of agricultural producers, secured government support, including a list of insurance risks, the insurance value of the crop taken on crop insurance, the duration of the insurance contract, conditions of formation of additional insurance reserves shall be established by the Government of the Russian Federation.
4. the amounts of the premiums paid to agricultural producers at the expense of own means of crop insurance include in the cost of agricultural products.
Payment of insurance premiums on agricultural insurance is made by agricultural producers after payment of 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 social insurance fund of the Russian Federation. (As amended by the Federal law dated 10.01.2003 N 8-FZ)
5. in order to ensure the sustainability of agricultural insurance formed the Federal agricultural insurance reserve.
Federal agricultural insurance reserve is formed due to deductions at a rate of 5 per cent of the total amount of premiums received under contracts of crop insurance.
Position on the Federal agricultural insurance reserve is approved by the Government of the Russian Federation.
6. Insurance companies engaged in crop insurance involving the federal budget are required to reinsure part of risks for this type of insurance. The proportion of risks to reinsurance, is established by the Government of the Russian Federation.
CHAPTER IV. STATE REGULATION of FOREIGN TRADE ACTIVITIES in the sphere of AGRICULTURAL PRODUCTION Article 17. State regulation of export and import of agricultural products, raw materials and foodstuffs 1. Export and import of agricultural products, raw materials and food taking into account the need to protect the interests of domestic producers in the sphere of agro-industrial production and ensure food security of the Russian Federation.
2. the Government of the Russian Federation in accordance with the universally recognized norms of international law and federal laws for food security of the Russian Federation is taking measures of a protectionist nature,: the security in cases where the saturation of the market of agricultural products, raw materials and food can be provided through domestic production or imports leads to deterioration of its industries, reducing yields of agricultural producers;
to stimulate the export of agricultural products, raw materials and food, if it does not violate the stability of the domestic market.
Protective measures shall be taken in the form of quantitative restrictions or the imposition of customs duties to such an extent and for such period as may be necessary to eliminate the material injury or threat thereof.
3. the Government of the Russian Federation establishes the procedure and conditions for the imposition and application of the threshold prices, on the basis of which the customs duties are defined.
The threshold price shall be calculated on the basis of prices prevailing in the domestic market of the Russian Federation on certain types of agricultural products, raw materials and food.
4. A portion of the funds received from payment of import and export customs duties and other similar payments for agricultural products, raw materials and food, goes to State support to agricultural production.
The use of such funds are determined by the Federal law on the federal budget for the respective year. (Action item 4 suspended from January 1 to December 31, 2004 year-the Federal law dated 23.12.2003 N 186-FL) chapter V. STATE SUPPORT for SCIENCE DEVELOPMENT and IMPLEMENTATION of the research activities in the FIELD of AGRO-INDUSTRIAL MANUFACTURE of Article 18. State support of basic directions of science and research activities in the field of agro-industrial production, the main directions of scientific and research activities, which receive State support, are: fundamental and applied scientific researches;
State programs for development of science and the conduct of science;
training, skills upgrading and retraining of specialists in the relevant educational establishments;
advice and information services.
CHAPTER VI. STATE REGULATION of DEVELOPMENT of RURAL SOCIAL SPHERE

Article 19. State support of rural social sphere 1. State support for the development of rural social sphere from the federal budget is carried out in accordance with the federal targeted programmes in the field of development of social sphere of the village, as well as in the form of grants from local budgets, in the manner prescribed by the legislation in force.
2. Constituent entities of the Russian Federation carry out State support of rural social sphere in accordance with the laws and other normative legal acts of the constituent entities of the Russian Federation.
CHAPTER VII. The entry into force of THIS FEDERAL LAW, Article 20. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
To entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
Russian President Boris Yeltsin in Moscow, the Kremlin N 100-FZ of July 14, 1997