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On Peasant (Farmer) Economy

Original Language Title: О крестьянском (фермерском) хозяйстве

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RUSSIAN FEDERATION FEDERAL LAW On the peasant (farm) farm Adopted by the State Duma on 23 May 2003 Approved by the Federation Council on 28 May 2003 class="ed">(In the federal laws of 4 December 2006) N 201-FZ; dated 13.05.2008 N 66-FZ; dated 30.10.2009. N 239-FZ; of 28.12.2010 N 420-FZ; dated 28.07.2012; N 133-FZ; of 25.12.2012 N 263-FZ; of 28.12.2013 N 446-FZ; dated 23.06.2014 N 171-FZ) This Federal Law defines the legal, economic and social foundations of the creation and operation of peasant (farm) holdings. This Federal Law guarantees citizens the right to create peasant (farm) farms and their independent activities. CHAPTER 1. GENERAL PROVISIONS Article 1. The concept of a peasant (farm) farm 1. The Peasant (Farm) household (also a farm) is a grouping of citizens connected by kinship and/or property that share property and share production and intakes Business (production, processing, storage, transportation and marketing of agricultural products) based on their personal involvement. 2. Farming may be created by a single citizen. 3. Farmers undertake business without the entity of a legal entity. The rules of civil law regulating the activities of legal entities that are commercial are applicable to the entrepreneurial activity of a legal entity without the entity of a legal entity. of the Russian Federation or the substance of legal relations. 4. Farmers may be recognized as agricultural producers in accordance with the legislation of the Russian Federation. Article 2: State and Farm 1. The federal authorities, the State authorities of the constituent entities of the Russian Federation, the local authorities, promote the establishment of farms and carry out their activities and support farmers. of the Russian Federation, including through the establishment of an economic and social infrastructure to provide access to financial and other resources to farms, as well as in accordance with the legislation of the Russian Federation business. 2. Interference by federal bodies of state power, State authorities of the constituent entities of the Russian Federation, local authorities in economic and other activities of the farming sector shall not be permitted, except in the case of cases, OF THE PRESIDENT OF THE RUSSIAN FEDERATION CHAPTER 2. CAPACITY-BUILDING Article 3. The right to create a farm 1. The right to create a farm has the capacity of citizens of the Russian Federation, foreign citizens and stateless persons. 2. The members of the farm may be: 1) spouses, their parents, children, siblings, grandchildren, and grandparents and not more than three families. Children, grandchildren, brothers and sisters of farm members can be accepted as members of the farm when they reach the age of 16; 2) citizens who are not related to the head of the farm. The maximum number of such citizens cannot exceed five. Article 4. Farm-building agreement 1. In the case of the establishment of a farm by a single citizen, the conclusion of the agreement is not required. 2. Citizens who have expressed a desire to establish a farm shall conclude an agreement. 3. The Agreement on the Establishment of a Farm (hereinafter referred to as the Agreement) should contain: 1) on farm members; (2) recognizing the head of the farm as a member of the farm, the powers of the head farms under Article 17 of this Federal Law and Farm Management Order; 3) on Rights and Obligations of Members of the Farming; 4) on Property Formation farming, tenure, use, disposal property; 5) on the procedure for the admission of farmers and the procedure for withdrawal from farm members; 6) on the distribution of farm-derived fruits, products and income. 4. The agreement is accompanied by copies of documents confirming the kinship of the citizens who have expressed the wish to establish a farm. 5. The agreement is signed by all members of the farm. 6. At the discretion of the members of the farm, the agreement may include other conditions that are not inconsistent with the civil law. 7. Changes in the composition of the farm must be entered into an agreement entered into by the members of the farming community. Article 5. State registration of the farm Farm Farm is considered to be established from the day of its state registration in accordance with the procedure established by the legislation of the Russian Federation. CHAPTER 3. THE PROPERTY OF FARMER HOURS Article 6. Property composition of the farm 1. Farm assets may include land, economic and other buildings, reclamation and other facilities, productive and working livestock, poultry, agricultural and other machinery and equipment, vehicles, Inventory and other equipment needed to carry out the activities of the farm. (In the wording of the Federal Law of 4 December 2006) N 201-FZ) 2. The fruits, products and income earned by the farm as a result of the use of its property are the general property of the members of the farm. 3. The property of the farm is owned by its members on the right of joint ownership, unless otherwise agreed by the agreement. The percentage of the members of the farm with ownership of the property of the farm is established by agreement between the members of the farm. 4. The list of objects in the farm property is fixed by the members of the farming community by mutual agreement. Article 7. Ownership and use of the farm property of the farm Members of the farming community share and use farm property. The ownership and use of the property of the farm shall be determined by an agreement concluded between the members of the farm in accordance with article 4 of this Federal Law. Article 8. Farm estate management 1. The order of the farm property is determined by an agreement concluded between the members of the farm in accordance with article 4 of this Federal Law. 2. The order of the farm property is carried out in the interests of the farm by the head of the farm. 3. For transactions carried out by the head of the farm for the benefit of the farm, the farm is owned by his property as defined in article 6 of this Federal Law. The transaction done by the head of the farm is considered to be done in the interests of the farm, unless it is proved that the transaction has been concluded by the head of the farm for his or her personal interest. Article 9. The property section of the farm 1. When one of its members is released from the farm, the land and farm facilities are not subject to the section. 2. A citizen is entitled to monetary compensation commensurate with his share of the right of the farm property in the event of his or her withdrawal from the farm. The period for the payment of monetary compensation is determined by mutual agreement between the members of the farm or, if the mutual agreement has not been reached, the judicial order and may not exceed one year from the date of the member's farming Applications for withdrawal from the farm. 3. A citizen who has emerged from the farm for two years after leaving the farm is liable to a subsidiary liability within the value of his/her share in the property of the farmer on the obligations arising from the farming operation to the time of its withdrawal from the farm. 4. When the farm is terminated due to the withdrawal of all its members, the farm property shall be split between the members of the farm according to Civil Code. Article 10. The inheritance of farm property The inheritance of farm property is carried out in accordance with the [ [ Civil Code]] Russian Federation. CHAPTER 4. LAND PARTICIPATION BY AND PRIORITISED FOR THE IMPLEMENTATION OF THE FARM OF HIS ACTIVITES (In the wording of the Federal Law dated 28.12.2013. N 446-FZ) Article 11. Land provided and purchased for farm implementation Activity (In the revision of Federal Law dated 28.12.2013. N 446-FZ) 1. Land can be acquired and acquired from agricultural land for farming purposes. (In the wording of Federal Law of 28.12.2013) N 446-FZ) 2. Land from agricultural land and land may be acquired and purchased for the construction of buildings, structures and structures necessary for the farming of its activities other categories. (In the wording of Federal Law of 28.12.2013) N 446-FZ) 3. The land provided and acquired by for the farming of its activitiesshall be formed in accordance with the land legislation of the Russian Federation. (In the wording of the Federal Act, Law of 28.12.2013 N 446-FZ) Article 12. Provide land, in state or municipal property, activity activity (In the wording of the Federal Law of 23 June 2014) N 171-FZ) 1. The Land Code of the Russian Federation sets out the procedure for the granting of plots of land for farming. (...) (...) N 171-FZ 2. (Spconsumed by Federal Law 23.06.2014) N 171-FZ 3. (Spconsumed by Federal Law 23.06.2014) N 171-FZ 4. (Spconsumed by Federal Law 23.06.2014) N 171-FZ 5. (Spconsumed by Federal Law 23.06.2014) N 171-FZ 6. The decision by the executive branch of the State or local government to refuse to grant a land plot to a farm for its activities may be challenged in court. (In the wording of Federal Law of 28.12.2013) N 446-FZ) 6-1. The maximum (maximum and minimum) size of the land in state or municipal ownership and the activities of the farm is established by the laws of the constituent entities of the Russian Federation. THE RUSSIAN FEDERATION (The paragraph is amended by the Federal Law of 23 June 2014). N 171-FZ 7. The minimum size of land is not set for farms, the main activity of which is horticulture, vegetable growing, seed production, bee-keeping, poultry farming class="ed"> marksiculture or other activities for the production of agricultural products on a technology that allows for the use of plots of land that are less than the minimum size of the land OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Law of 28 December 2010. N 420-FZ) 8. (Spit out-Federal Law of 23 June 2014. N 171 FZ) Article 13. The land area of the land parcel , which was created by the privatisation of the farmland 1. A citizen who is a member of the common ownership of a plot of land from the agricultural land has the right to claim a land plot for the land portion of the land privatisation of the agricultural land The entry into force of Federal Act No. 101-FZ of 24 July 2002 on the turnover of agricultural land, for farmers ' activities and their expansion Activities. (In the wording of Federal Law No. N 446-FZ) 2. The conditions and order of the land plot for the land plot resulting from the privatization of agricultural land for the purposes set out in paragraph 1 of this article shall be determined in accordance with Federal Law N 101-FZ" On the turnover of agricultural land. " MEMBERS OF THE FERERIAN MEMBERSHIP Article 14. Admission of new members to the farm and the termination of farm membership 1. New members may be admitted to the farm in accordance with the requirements of article 3, paragraph 2, of this Federal Act. 2. Admission of new members to the farm is carried out by mutual consent of the members of the farm on the basis of a citizen's written declaration. 3. The membership of the farm shall cease upon withdrawal from the farm or in the event of the death of a member of the farm. 4. The farmer's withdrawal from the farm is carried out on his application in writing. Article 15. Rights and duties of farm members 1. The members of the farm shall, by mutual agreement, establish an internal farm order, a right and duty on the basis of qualifications and economic necessity, and responsibility for failure to perform assigned duties. 2. Each member of the farm is entitled to a portion of the income derived from farming activities in cash and/or in kind, fruits, products (personal income of each farm member). The size and form of each individual's personal income is determined by agreement between the members of the farm. Article 16. The farm head 1. The head of the farm, by mutual agreement of the members of the farm, shall be recognized as one of its members. In the event that a farm is created by a single citizen, it is the head of the farm. 2. The head of the farm must act in the interests of the farm he represents in good faith and reasonably, and shall not be entitled to take actions that encroach on the rights and legitimate interests of the farm and its members. Article 17. The powers of the farm head Head of the farm: organizes farming activities; without power of attorney, acts on behalf of the farm, including its interests and makes deals; issues a proxy; takes the worker's farm and dismissals; arranges for farm accounting and reporting; performs other defined by agreement between the members of the farm Credentials. Article 18. The change of farm head 1. In the event that the head of the farm is unable to perform his or her duties for more than six months or his death or voluntary renunciation of the head of the farm, the members of the farm shall be recognized by mutual agreement the head of the farm of another member of the farm. 2. The change of the head of the farm must be specified in an agreement concluded by the members of the farm in accordance with article 4 of this Federal Law. 3. The change of farm head does not entail an end to his farm membership. CHAPTER 6. THE ACTIVITIES OF THE FARMER HOUSEHOLD Article 19. Types of farm activity 1. The main activities of the farm are the production and processing of agricultural products, as well as transportation (transportation), storage and marketing of agricultural produce of own production. 2. The members of the farm independently determine the types of activity of the farm, the volume of production of agricultural products based on their own interests. 3. The transport of the farm by road for own purposes is considered to be: 1) raw material; feed; 2) produced and processed agricultural products; 3) agricultural machinery and spare parts; 4) seeds; 5) fertilizers; 6) fuel and lubricants; 7) other goods used to meet the needs of the farm. CHAPTER 7. THE INTERCONNECTION OF FARMER HOUSEHOLD Article 20. Farming associations Farmers ' farms, in order to coordinate their business activities, to present and protect common property interests, may, by contract, form associations in the form of associations, or Farmers ' unions on territorial and sectoral grounds, as well as may be founders, participants, members of commercial and non-commercial organizations. Chapter 8: LAKES Article 21. Grounds for cessation of farming 1. Farming is terminated: 1) in the case of a unanimous decision by members of the farm to stop the farm; (2) in the event that none of the members of the farm or their heirs are left, wishing to continue farming operations; 3) in the case of insolvency (bankruptcy) of the farm; 4) in the case of the establishment of a production cooperative farm on the basis of farm property; or -a business partnership; 5) on the basis of a court decision. 2. Disputes arising out of the termination of the farm are settled in the courts. Article 22. Order of termination of the farm The cessation of the farming is carried out under the rules of the Civil Code of the Russian Federation, unless otherwise provided by the federal law and other normative legal acts of the Russian Federation. The Federation or the substance of the legal relationship. CHAPTER 9. CONCLUDING AND TRANSITIONAL PROVISIONS Article 23. Final and transitional provisions 1. This law shall enter into force on the date of its official publication. 2. From the day of the entry into force of this Federal Law to be repealed: Law of RSFSR of 22 November 1990 N 348-I " O. The peasant (farm) farm " (Vedomas of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 26, art. 324); Decision of the Supreme Soviet of the RSFSR of 22 November 1990 N 349-I "On the Introduction of the Law of the RSFSR" On the peasant (farm) economy " (Vedomra) of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 26, art. 325); RSFSR's Law of 27 December 1990 N 461-I "On Changes in the Law of the RSFSR" On peasant (farm) economy " in connection with adoption Resolutions of the Congress of People's Deputies of the Russian Federation "On the programme of revival of the Russian village and development of the agro-industrial complex" and the Law of the RSFSR " On amendments and additions to the Constitution (Basic Law) The Russian Soviet Federative Socialist Republic (RSFSR) and the Supreme Soviet of the Russian Soviet Federative Socialist Republic (RSFSR), 1991, No. 5); Article 7 of the Law of the Russian Federation of 24 June 1992 No. 3119-I " On introducing amendments and additions to the Civil Code of the RSFSR, The Code of Civil Procedure of the RSFSR, the Rules of the Supreme Soviet of the RSFSR, the laws of the RSFSR "On the Jewish Autonomous Oblast", "On elections of people's deputies of the RSFSR", " On additional powers of local Councils of People's Deputies in the transition to "About the peasant (farm) household", "About the land plot" Reform "," On banks and banking activities in the RSFSR "," On the Central Bank of the RSFSR (Bank of Russia) "," Property in the RSFSR "," On enterprises and entrepreneurial activity "," On State tax service of the RSFSR "," On competition and restrictions monopolistic activities in commodity markets "," On priority provision of agro-industrial complex "," On local self-government in the RSFSR "," On privatization of state and municipal enterprises in the RSFSR "," On and the budgetary process in the RSFSR, ", OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, 1992, 1966); Article 2 of the Russian Federation Law of 28 April 1993, N 4888-I "On introducing amendments and additions to some legislative measures" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 748); Article 2, paragraph 1, of the Federal Act of 21 March 2002, N 31-FZ on the approximation of the laws of the Federal Republic of Germany OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1093). 3. Peasant (Farms) farms established as legal persons under the RSFSR Act of 22 November 1990 No. 348-I on Peasant (farm) economy ", is entitled to retain the status of a legal entity for the period before 1 January 2021. (In the revision of federal laws of 30.10.2009 N 239-FZ; of 25.12.2012 N 263-FZ On peasant (farm) farms of this Federal Law, as well as rules of other regulatory legal acts of the Russian Federation regulating the activities of peasant (farming) The State of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Russian Federation President of the Russian Federation Vladimir Putin Moscow, Kremlin 11 June 2003 N 74-FZ