Key Benefits:
"On Amendments to the Law of Ukraine" On Agricultural Cooperate "
(Information Of The Verkhovna Rada (VR), 2013, No. 50, pp. 698)
Verkhovna Rada of Ukraine Orders:
Make changes to The Law of Ukraine "On Agricultural Cooperation" (Information of the Verkhovna Rada of Ukraine, 1997, No. 39, pp. 261; 2000, No. 51-52, pp. 451; 2002, No. 16, pp. 114, No. 29, pp. 194; 2003, No. 30, pp. 247; 2004, No. 15, pp. 228, No. 51. 552; 2011, No. 6, pp. 41, No. 46, pp. 512; with the changes made by the Law of Ukraine on 2 October 2012 No. 5412-VI) by teaching it in such an editorial:
About the agricultural transaction
This Act defines legal, organizational, economic and financial characteristics of agricultural cooperatives.
1. In this Act, the following terms are used in this respect:
Cooperative payments in agricultural service cooperative-the return to members of the cooperative part of the pre-redundant cost of the given cooperative service relative to their actual value distributed by the results The financial year between its members;
The regulatory policy of the cooperative is a normative document which establishes requirements for the failure of the economic and other activities of the cooperative according to the legislation and statute of the cooperative;
Agricultural cooperatives-a system of agricultural cooperatives, their associations formed to meet the economic, social and other needs of the members of cooperatives;
Agricultural production cooperative is an agricultural cooperative that is formed by combining individuals that are manufacturers of agricultural products, for the failure of a common production or other economic activity. The basis of their compulsory labour participation in order to obtain a profit;
An agricultural cooperative is a legal entity formed by physical and/or legal entities who are manufacturers of agricultural products voluntarily united on the basis of membership for the failure of common economic and other activities, related production, processing, storage, storage, selling of plant production, animal husbandry, forestry or fishing, supplying the means of production and logistical resources to the members of this cooperative, providing them with the purpose of satisfaction of economic, social and other needs at the sands Self-governance;
Agricultural service cooperative is an agricultural cooperative formed by combining physical and/or legal entities-manufacturers of agricultural products for the organization of maintenance aimed at reducing costs and/or increasing income of members of this cooperative during the failure of agricultural activities and to protect their economic interests;
Participation in the economic activities of agricultural service cooperative-the excitation of such cooperative raw materials, products of its processing, procurement of the means of production, use of technological services to the cooperative in volume and order; (b) Stipulated by its statute and/or the rules of internal activity.
2. Other terms used in this Act are used in the meaning set in the The Law of Ukraine "On the Cooperation" . Term "manufacturers of agricultural products" is used in the value set forth The Law of Ukraine "On Agricultural Census" .
Article 2. Legislation regulating the activities of agricultural cooperatives
1. Activities of agricultural cooperatives are based on standards Constitution of Ukraine , Civilian , Master , Tax and Land codes of Ukraine This Act, other regulations.
2. General principles, concepts and norms, ensuring the functioning, management and elimination of agricultural cooperative and cooperative associations, control of their activities, rights and duties of their members, property formation, funds, prices and tariffs on products and services, and the labor relations in such cooperatives and associations are regulated Law of Ukraine "On the Cooperation" .
Article 3. Types of agricultural cooperatives
1. For purposes, tasks and nature of the activities of agricultural cooperatives are divided into service and production facilities.
Article 4. Statute of the Agricultural Cooperative
1. The Statute of Agricultural Cooperative is being developed according to the requirements of Article 8 Law of Ukraine "On the Cooperation" .
2. The primetime statutes of agricultural cooperatives are developed by the central executive body, which ensures the formation of a state agrarian policy.
Chapter II
AGRICULTURAL COOPERATIVES
Article 5. Species of agricultural cooperatives
1. Depending on the kind of activity, agricultural maintenance cooperatives are divided into reprocessing, water-processing, supply and others.
2. Prior to the recycling of agricultural services cooperatives are owned by cooperatives which carry out the processing of agricultural raw materials produced by members of such cooperatives (production of bread bakery, pasta, vegetables, etc.). The fruit-berry, meat, dairy, fish products, products and semi-fabulates from the ice, onion crops, lisoe and lumber materials, etc.).
3. Agricultural-excited agricultural service cooperatives carry out, in particular, to detachment, storage, pre-sale processing and sale of products produced by members of such cooperatives, provide them with marketing services.
4. Procurement agricultural services are formed in order to purchase and supply members of such cooperatives to the means of production, material and technical resources needed to produce agricultural products. products of its recycling, making raw materials, materials and supplies to their members cooperative.
5. In the case of a combination of several activities, multifunctional cooperatives are formed.
6. Agricultural service cooperatives provide its members and other services, including technological, transport, meliorative, repair, building, veterinary maintenance of animals and tribal work, accounting and audit, and other services. Scientific advisory services.
Article 6. Membership in the agricultural service cooperative
1. The farmers and members of an agricultural service cooperative may be producers of agricultural products-legal and/or physical persons who have made introductory and pate contributions in size determined by the general assembly. The cooperative, adheres to the status requirements, have the right to vote and participate in the cooperative activities of the cooperative.
The founders of the agricultural service cooperative after its public registration are the status of cooperative members.
2. Physical or legal persons may be members of several agricultural serving cooperatives, different activities.
3. The membership in agricultural service is stopped under the conditions provided by Article 13. Law of Ukraine "On the Cooperation" , and in the event of termination of participation in the economic activities of the agricultural service cooperative for two years in a row.
Article 7. Entry and entry contributions of the agricultural service cooperative
1. Introductory contributions are paid by the members of the agricultural service cooperative in the order established by the statute, and are credited to the non-divisible cooperative fund.
2. The pay contribution of a member of the agricultural service cooperative is formed from its paw and additional pauses.
The order of determining the size of each co-operative member is determined proportionally to his participation in the cooperative activity of the cooperative according to the planned volume and cost of the services provided by the cooperative.
Associate members of the agricultural service cooperative carry out the contributions in the amount determined by the statute of this cooperative.
Article 8. The Rules of Internal Activities of the Agricultural Service Cooperative
1. The rules of the intra-economic activity of an agricultural service cooperative are a normative document of the cooperative, which establishes the mechanism and ways of implementing the provisions of the charter of the cooperative with regard to the characteristics of its host system. activity.
2. The rules for the internal activities of an agricultural service cooperative should include the following information:
the order of organizing the services to members of the cooperative according to the list of the activities of its activities defined by the statute;
Requirements for documentation of the obligations of the members of the cooperative before the co-op on participation in its economic activities;
The mechanism for determining the size of each member of the cooperative and its payment, the total share of the paramount contributions of the associated members in the cooperative fund of the cooperative, the size and counting of the cooperative payments in the roseway of the cooperative activities of the cooperative;
the requirements for pricing and financial relations.
The stated rules may also contain other related activities which do not contradict the requirements of the legislation.
3. The primetime rules for the internal activities of the agricultural service cooperative are developed by the central body of the executive branch, which ensures the formation of a state agrarian policy.
Article 9. Activities of the Agricultural Service Cooperative
1. Agricultural maintenance cooperatives carry out the maintenance of their members-manufacturers of agricultural products, not intending to obtain profit, and are non-profit organizations.
The non-profit activity of agricultural cooperatives is determined by the population of the following characteristics:
The cooperative provides services only to its members;
Members of the cooperative are responsible for the obligations taken in front of the cooperative on their participation in the cooperative activities of the cooperative;
services are provided to reduce costs and/or increase the income of cooperative members.
2. Agricultural maintenance cooperatives are not owned by agricultural products produced, grown, resorted, captured or collected (prepared) by its members, agricultural producers. The owners of agricultural products, which are prepared, recycled, supplied, excited (sold) such a cooperative, are its members.
3. The Agricultural Service Cooperative may have a property of property separated from the property of its members.
Land ownership and land ownership are acquired by agricultural service cooperatives, according to the report. Land Code of Ukraine They are still in the process of joining the cooperative association.
4. The approach of agricultural service co-operative may form by:
Receipts from its members in the form of payment for the provided services in the process of production, exacerbating, recycling, supply of agricultural products;
Funds or property that are in the form of passive income;
Grants (referrals) obtained from state and/or local budgets to support agricultural serving cooperatives, state trust funds or within the technical or charitable, including humanitarian, assistance;
The revenues obtained by agricultural service cooperatives from the excitation (sale) of agricultural products on behalf of members of this cooperative are not its revenues.
The financial result of the economic activity (net income) of the cooperative is the difference between the income of the cooperative from the economic activity and the costs of its failure.
5. After completing the commitment of the agricultural service co-operative and damages over past periods, the financial result of the cooperative activities of the cooperative is distributed by the general assembly in the form of deductions to The cooperative funds, cooperative payments to its members and accounts on the fallen members of the cooperative, including the associate.
Article 10. Cooperative Association
1. Co-operative associations of agricultural services are non-profit and operate on the same basis as agricultural maintenance cooperatives.
Article 11. Peculiarities of the reorganization of the agricultural service cooperative (cooperative association)
1. By the decision of the general assembly the agricultural service cooperative can only be reorganized into another agricultural service cooperative, and cooperative union-in another cooperative union.
Chapter III
AGRICULTURAL PRODUCTION COOPERATIVES
Article 12. Membership in agricultural production cooperative
1. Members of an agricultural production cooperative can be physical individuals who have found a desire to unite for joint production activities on the basis of compulsory labour participation and contributed to the participation and pai in size defined A charter of a cooperative.
Article 13. Agricultural production characteristics
1. Agricultural production cooperatives carry out business activities, whose primary goal is to profit, and implement their products at prices set on their own by the contractual services of the buyer, and are subjects Business activities.
Article 14. Ownership of agricultural production cooperative
1. Land ownership can be acquired by agricultural production cooperatives by making up the land area of its members, as well as purchase of land for sale, gift, mines, mines, etc. You're right.
2. Land ownership and land ownership are acquired by agricultural production cooperatives, according to the report. Land Code of Ukraine .
Chapter IV
STATE AND COOPERATION
Article 15. State support for agricultural cooperatives
1. The main tasks of public policy with the support of agricultural servicing cooperatives are to create favorable conditions for their formation, formation and development by forming a favorable tax, financial and financial sector. policies on the activities of agricultural maintenance cooperatives and their members, and the elaboration of the mechanism of their public support.
2. Central and local executive and local governments provide assistance to developing and strengthening the economic autonomy of agricultural services and their members, increasing their effectiveness. (a) activities that do not allow any restriction of economic activity and the initiative of such cooperatives, free and equal participation in the markets of goods, works and services.
3. State support for agricultural services is carried out in accordance with state and regional programmes through state and local budgets in the order established by law.
Article 16. Procedure for the return of the rations in the form of a cooperative member
1. In the case of exit, exclusion from cooperative or elimination of cooperative physical or legal entity, which has contributed a maize to a cooperatives in the shape of a land area, gets its master pai exclusively in the form of land, i.e., in the following: ). In the event of elimination of cooperative pai in the form of land cannot be used to pay wages to employees, fulfill obligations to budgets, banks, and other creditors.
Chapter VI
TRANSITIONAL AND TRANSITIONAL PROVISIONS
1. This Act will take effect from the day, the following day by the day of its publication.
2. Cooperatives and cooperative associations formed prior to entry into force under the Act are required for a year from the day of entry into force by the Act to bring their statutes to this Act.
3. Prior to the introduction of statutes, in compliance with this Act of Cooperatives and cooperative associations are guided by the provisions of the active statutes in part that does not contradict the Act.
4. To apply legislation to compliance with this Act, legislation applies in part that does not contradict the Act.
5. To make changes to the following legislative acts of Ukraine:
1) in part one article 86 Civil Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 40-44, art. 356) the words "consumer cooperatives" to replace "cooperatives other than production";
2) in The Law of Ukraine "On the Cooperation" (Information of the Verkhovna Rada of Ukraine, 2004, No. 5, p. 35):
Eleventh and twelfth sections in this edition:
" the target contribution is the monetary or other major contribution of a member of the cooperative, which is made more than a pai to a special cooperative fund to ensure the performance of the specific tasks of the cooperative;
The trust fund is a foundation that is formed from the rations of members of the cooperative and is one of the sources of the property of the cooperative, whose size may change ";
Article 5 is part of the second such content:
" The peculiarities of the functioning of agricultural cooperation are determined The Law of Ukraine "On agricultural transaction" ;
The second sentence of the second article 6 after the words "cooperatives may be" supplemented by the word "agricultural";
part of the first article 26 supplements the sentence of such content: "This rule does not apply to agricultural maintenance cooperatives";
Part of this article 29, after the words "(cooperative organizations)", complemented by the words "or counted to the income of the budget";
3) in The Law of Ukraine "On Agricultural Census" (Information of the Verkhovna Rada of Ukraine, 2009, No. 9, pp. (115):
In paragraph 1 of the word "agricultural cattle and poultry", replace "agricultural animals";
In the first article 8, the words "cattle and birds" would be replaced by "animals".
6. The Cabinet of Ministers of Ukraine for the year from the day of entry into force:
To bring their legal and legal acts into compliance with the Act;
To ensure that the Ministries and the other central bodies of the executive branch are responsible for compliance with the Act. "
