About Agricultural Receipts

Original Language Title: Про аграрні розписки

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/5479-17

Law on agricultural receipts (Supreme Council (BD), 2013, no. 50, 695) {amended by law No. 406-VII from 04.07.2013, VVR, 2014, no. 20-21, 712} this law regulates relations arising during the design, issuance, circulation, fulfillment of agricultural receipts, determines the order of their registration and aimed at creating legal, economic and organizational conditions of functioning of these documents.

Chapter I General provisions article 1. Definitions of terms in this law the following terms are used in the following meaning: agrarian receipt-tovarorozporâdčij document that captures the unconditional commitment of the debtor, which is secured by a pledge to supply agricultural products or to pay money on the specified therein;

the debtor for the agricultural production an acknowledgement-a person who issues a receipt for the agrarian his commitment to carry out the supply of agricultural products or to pay money on certain agricultural rozpiscì;

agricultural lender with an acknowledgement-the physical or legal person who provides money, services, supplies, performs work as another obligation, whereby the debtor by an acknowledgement agriculture gives her agrarian receipt, endowing the right to demand from him the proper fulfillment of obligations, as well as an individual or a legal entity that has received the right lender for agriculture-an acknowledgement from another lender by agriculture, with an acknowledgement in a way not prohibited by law;

Directory of agricultural receipts is the only system that contains information about the required details issued and canceled agricultural receipts;

expert institution-an individual or a legal entity whose activity is conducting research for a fee in the tovaroznavčih sector of agriculture, which independently or experts which have confirmed their qualification in the manner prescribed by law for judicial experts;

monitoring of collateral for agricultural GDS-lenders for agricultural GDS and GDS for creditors raised other agricultural stakeholders to observe the upcoming harvest, which is the subject of the collateral for agricultural GDS, gathering information about the subject of the pledge and the debtors for agricultural GDS, its systematization in the database and use of such databases in the manner prescribed by law;

agricultural products-products list which is defined in groups 01-14 chapters I and II of the Ukrainian classification of foreign trade activities according to the law of Ukraine "on customs tariff of Ukraine".

Section II AGRICULTURAL RECEIPTS article 2. General Agricultural receipts used in transactions with agricultural products.

Agricultural receipts can be issued by persons who have the right of ownership to the land for agricultural purposes, or the right to use the land plot on legal grounds for carrying out of agricultural production. If the ownership of the land is owned by two or more co-owners or the right of use belongs to two or more users, agricultural receipts issued by them jointly. Persons who jointly published the agrarian receipt shall be jointly liable for the failure to fulfill its obligations.

Transfer of ownership or rights of use of land does not stop the action specified in the agricultural rozpiscì the pledge of future harvest and not suspensive of rights of the debtor and the creditor an acknowledgement for the agricultural use of land to collect appropriate crop, but not longer than until the end of the current marketing year. The debtor for the agricultural production an acknowledgement shall inform the persons to whom it conveys ownership or right of use of land, agricultural products which are the subject of the collateral for agricultural production, with an acknowledgement of existing restrictions in accordance with the issued agricultural GDS.

Agricultural receipts consist in two copies, one of which is for the person who performs the notarial acts with their license and registration, and the second copy is transferred to the lender for agricultural production, with an acknowledgement. At the request of the debtor with an acknowledgement by him, agriculture can be given certified copy issued him agricultural receipts.

According to the type of obligation of agricultural receipts are commodity agricultural receipts and financial agricultural receipts.

Article 3. Commodity agricultural receipts Commodity agricultural hereon is agrarian receipt that establishes an unconditional obligation of the debtor by an acknowledgement agriculture make the supply agreed agricultural products, quality, quantity, location and delivery period which identified agriculture-an acknowledgement.

Article 4. Form of agricultural receipts and dispute about the quality of agricultural products Commodity agricultural receipts consist in writing on letterhead, subject to notary and may not be transferred in uncertificated form (immobilized), unless otherwise provided by this law.

Agricultural commodity receipt must contain the following mandatory requisites: 1) name-"Commodity agricultural receipt";

2) the term of the supply of agricultural products;

3) details of the lender and conditions on further transfer of rights for agriculture-an acknowledgement;

4) subject-obligation to carry out the supply of agricultural products, determine its quantity and quality. Formula recalculation of the amount of agricultural products in the case of the supply of agricultural products of other quality;


5) conditions and the supply of agricultural products;

6) a description of the collateral, including information on the number of pawn of movable property, the cadastral number, location, title documents on land on which agricultural crops are grown upcoming zastavlenij products;

7) date and place of issuance;

8) the name of the debtor, its place of registration, the registration number of the accounting of the taxpayer's card (number and series of passport in case if a person through their religious beliefs refuses acceptance of the registration number of the accounting of the taxpayer's card and reported about it appropriate income and charges) and signature for individuals. Name, address, location, edrpou code, the signature of the authorized person and stamp-for legal entities. If two or more debtors, contains data of all debtors.

{Item 8 of part two article 4 amended by law No. 406-VII of 04.07.2013} the debtor and the creditor may agree on the inclusion in the text of agricultural receipts additional terms that do not contradict the provisions of this law.

A document that does not meet the requirements of this article are not agriculture-an acknowledgement.

Quality of agricultural products subject of agricultural receipts is defined by the debtor and the creditor by mutual agreement based on the State standards of Ukraine, technical specifications, technical regulations, classifications, applicable on the day of the issue of agricultural receipts.

If on the day of a dispute about the quality of the products agreed upon by the debtor and the creditor for an acknowledgement agriculture expert institution has no authority under the Act to carry out the necessary examination, the debtor and the creditor by mutual agreement can choose another expert institution which has the appropriate credentials.

In the event of failure of the debtor and creditor agree on expert Organization dispute is decided in court.

Article 5. Financial agricultural receipts Finance agrarian hereon is agrarian receipt that establishes an unconditional obligation of the debtor to pay a monetary amount, the amount of which is determined by the agreed-upon the debtor and creditor formula taking into account prices for agricultural products in the defined quantity and quality.

The execution debtor obligations of financial agricultural GDS only cash.

Article 6. Form of financial agricultural receipts Financial agricultural receipts consist in writing on the form, shall be subject to notary and may not be transferred in uncertificated form (immobilized). Financial agricultural receipt must contain the following mandatory requisites: 1) called "financial agricultural receipt";

2) term of payment of funds;

3) details of the lender and conditions on further transfer of rights for agriculture-an acknowledgement;

4) subject-an unconditional obligation to pay cash, the definition of a formula for calculating the size of monetary liabilities of the debtor, the amount and the birth sign of agricultural products, which is an integral part of such a formula;

5) conditions and place of payment of money;

6) a description of the collateral, including information on cadastral number, location, title documents on land on which agricultural crops are grown upcoming zastavlenij products;

7) date and place of issuance;

8) the name of the debtor, its place of registration, the registration number of the accounting of the taxpayer's card (number and series of passport in case if a person through their religious beliefs refuses acceptance of the registration number of the accounting of the taxpayer's card and reported about it appropriate income and charges) and signature for individuals. Name, address, location, edrpou code, the signature of the authorized person and stamp-for legal entities. If two or more debtors, contains data of all debtors.

{The Paragraph 8 of article 6, as amended by the law No. 406-VII of 04.07.2013} the debtor and the creditor may agree on the inclusion in the text of the financial agricultural receipts additional terms that do not contradict the provisions of this law.

A document that does not meet the requirements of this article are not agriculture-an acknowledgement.

Article 7. Pledge of future harvest Agricultural receipt sets ensure fulfillment of obligations of the debtor by an acknowledgement agriculture guarantee its future harvest. The subject of such collateral can be exceptionally future harvest agricultural products.

The size of the collateral must not be less than the size of the commitment to agriculture, with an acknowledgement. On the day of issue of agricultural receipts future harvest agricultural products may not be in other outposts than agricultural GDS.

On the day of harvesting the subject of pledge becomes a corresponding number of collected agricultural products. The duty of proving the origin of collected agricultural products relies on the debtor by agriculture, with an acknowledgement.


Pledge of future harvest agricultural products by agriculture-an acknowledgement empowers the lender to the right in the case of debtor obligations for agriculture-an acknowledgement in the enforcement of the obligation of the debtor by an acknowledgement agriculture receive the satisfaction of requirements through the cluttered future harvest agricultural products mainly to other creditors of the debtor for the agricultural production with an acknowledgement. Meet the requirements of the lender for agricultural production, with an acknowledgement by cluttered future harvest agricultural products is carried out by the lender to the agricultural production an acknowledgement in any manner not prohibited by law, including by transfer of ownership of the collateral obligation of repayment the debtor's property for a commodity agricultural production an acknowledgement, giving the lender a agriculture-an acknowledgement the right dorostiti zastavlenij future harvest agricultural products, harvest agricultural products yourself or person authorized and the redeem property obligations of the debtor for a commodity agricultural production an acknowledgement by the acquisition of rights property to the gathered (locally grown) agricultural products or pay a monetary obligation of the debtor for financial agriculture-an acknowledgement by the conclusion of the sales contract zastavlenoï agricultural products to another person-buyer (including by concluding an agreement at a public auction) to the account of the debtor's obligations for agriculture, with an acknowledgement of payment for this agreement.

Expenses by the lender for agricultural production, with an acknowledgement to the animals ' breeding and harvesting zastavlenoï of agricultural products, shall be reimbursed by the debtor for agriculture-an acknowledgement in the manner prescribed by law for compensation of property damage.

In the case of the destruction of crops, the crop of which is the subject of the collateral for agricultural production, with an acknowledgement an acknowledgement, the debtor is obliged under the agriculture agreement with lender for agricultural production, with an acknowledgement to replace the collateral or other similar property as an equivalent of the agricultural rozpiscì is done the inscription, which sealed the signatures of the authorized representatives of the debtor and the creditor for agricultural production, with an acknowledgement. If the debtor by an acknowledgement agriculture does not reach an agreement with the creditor for agricultural production, with an acknowledgement of the other collateral in case of loss of crops, the crop of which is the subject of the collateral for agricultural production, with an acknowledgement, the subject of the pledge by an acknowledgement agriculture becomes the future harvest agricultural products grown on the land plot, which housed the dead crops.

After the harvest and full repayment due to such agricultural products an acknowledgement by debtor of the obligations the rest of agriculture collected (grown) agricultural products or derived from its implementation of the funds in the debtor for agricultural production, with an acknowledgement.

In the event of failure of the collected crop for full repayment due to such agricultural products obligation the debtor for agriculture an acknowledgement an acknowledgement for the subject of agricultural lien becomes the future yield of any other agricultural products grown or will be cultivated an acknowledgement by debtor on agricultural land, on which this flourishing agricultural production, the crop which was the subject of a pledge by agriculture, with an acknowledgement to the full implementation of the obligations of the debtor for the agricultural production with an acknowledgement unless otherwise provided by agreement of the parties the agricultural receipts.

Commitments for agriculture-an acknowledgement can be advanced any envisaged by the legislation the types of performance obligations.

Collateral may be insured creditor on agriculture an acknowledgement or the debtor for the agricultural production with an acknowledgement. The creditor and debtor may agree on joint implementation costs for insurance collateral for agricultural production, with an acknowledgement.

Article 8. Monitoring of collateral of the future harvest agricultural products an acknowledgement agriculture lender has the right to independently or with the assistance of a third party to monitor the future harvest agricultural products that are the subject of the pledge by its agriculture, with an acknowledgement. Monitoring can be carried out during the whole term of the mortgage the future harvest agricultural products, unless otherwise provided by agreement of the parties the agricultural receipts.

Monitoring involves monitoring the future harvest, by the debtor for agricultural production, with an acknowledgement of the respective technological processes with the possibility of access to land, which is cultivated in the upcoming harvest, which is the subject of the collateral for agricultural production, with an acknowledgement, as well as access to premises where collected agricultural products that are the subject of the collateral for agricultural production, with an acknowledgement. Entry into a premises is permitted only at presence of the debtor for the agricultural production an acknowledgement or one of its relatives of persons or legal representatives.

Post-harvesting monitoring is performed by observing the assembled agricultural products with the possibility of access to its storage.

Direct interference or obstruction of economic activity of debtor is prohibited, unless otherwise provided by law.


In the case of discovery during the monitoring of violations of the debtor with an acknowledgement for technological processes agricultural cultivation of agricultural products, the future harvest which is the subject of the collateral for agricultural production, with an acknowledgement that threaten the obtaining of the future harvest agricultural products in agriculture, an acknowledgement by the creditor has the right to compile a report of production technology and require the debtor to eliminate such violations in a specified in this Act. If the requirements set out in the Act about the violation of production technology, will not be eliminated by the debtor for an acknowledgement agriculture independently during the specified in the Act the term lender for agriculture-agriculture-an acknowledgement an acknowledgement has the right in order to rescue the future harvest of a debtor independently or with the assistance of third parties dorostiti the upcoming harvest in accordance with respective technological processes. Costs the lender for agricultural production, with an acknowledgement of the following animals ' breeding shall be reimbursed by the debtor for agriculture-an acknowledgement in the manner prescribed by law.

In case of disagreement with the requirements set forth in the Act about the violation of production technology, the debtor by an acknowledgement agriculture has the right to appeal to the Organization, specifically authorized central body of the Executive power, which provides forming and implementing State agrarian policy to resolve such disputes. The specified organization is obliged to consider the dispute and take the final decision in the dispute, which will be binding for the parties, within two working days from the date of receipt of the complaint with the oskaržuvanim Act the lender for agricultural production, with an acknowledgement of violation of technology of production. To resolve such dispute by specially authorized the Organization of agricultural lender with an acknowledgement should not undertake actions with self-agricultural animals ' breeding an acknowledgement by the pawn of the future harvest. In the absence of the above mentioned decision of the Organization for a specified period of the complaint of the debtor is considered to be groundless and vìdhilenoû. In case of disagreement with the decision of the Parties indicated specifically authorized the Organization of such a decision may be appealed to the Court.

Chapter III the CIRCULATION of AGRICULTURAL RECEIPTS Article 9. The procedure for awarding of agricultural receipts Agrarian receipt is issued for each kind of agricultural products defined gendered or individual features. Commodity agricultural receipt could be issued for each agreed upon by the debtor and the creditor the amount of supplies agreed agricultural products.

During the issuance of agrarian hereon is subject to the notary in the manner prescribed by the law of Ukraine "on Notariate" for transactions, taking into account the peculiarities established in this law. Information about agrarian receipt at the time of her identity changes to the registry of agricultural receipts the person who performs the notarial acts. Information about collateral for agricultural production are an acknowledgement to the State Register of liens the person who performs the notarial acts, at the time of notarization of agricultural receipts. If you have additional provision of agricultural receipts information on this can be made to the appropriate registers in accordance with the law.

Agrarian receipt is considered to be published from the date of its registration in the register of agricultural receipts.

Article 10. Keeping the register of agricultural receipts by the holder of the registry of agricultural receipts is the central body of the Executive power, which provides forming and implementing State agrarian policy. Holder of the register of agricultural receipts in the order determined by the Cabinet of Ministers of Ukraine, empowers individuals who commit a notarial action, the powers of the Registrar of the registry of agricultural receipts provide services on making entries in the register of agricultural receipts of agricultural receipts and providing information in this registry to others.

This may not be any restrictions in access to information about the issuing of warrants a specific debtor for agricultural production, with an acknowledgement that at the moment the registry of agricultural receipts remain unfulfilled, and the name of the agricultural product, which is related to the obligation of this debtor.

The Registrar of the registry of agricultural receipts has the right to give out to others information about issued a specific debtor agricultural receipts and the history of their turnover only with the consent of the debtor or the creditor for such agriculture-an acknowledgement in accordance with the law of Ukraine "on the protection of personal data".

The central body of the Executive power, which provides forming and implementing State agrarian policy, defines the State enterprise, which belongs to the sphere of its management, the administrator of the registry of agricultural receipts, authorizes it to implement measures to create and support software Registry of agricultural receipts and be responsible for the technical and technological support, preservation and protection of data contained in the registry of agricultural receipts.

Requirements for the registry of agricultural receipts and order his conduct are established by the Cabinet of Ministers of Ukraine.

Article 11. The transfer of the rights of the lender for agricultural production, with an acknowledgement of the lender's rights Tradition for agricultural production, with an acknowledgement is made by it or on its nevìd'êmnomu application circuit of the inscription "Vìdstupleno" indicating the new lender for agricultural production, with an acknowledgement. This inscription sealed signature and seal (if any) of the previous lender for agricultural production, with an acknowledgement.


Transfer of rights for agriculture-an acknowledgement is subject to notary in the manner prescribed by the law of Ukraine "on Notariate" for transactions, taking into account the peculiarities established in this law.

Transfer of rights for agriculture-an acknowledgement, not posvìdčene or not causing a transition to another person of the rights of the lender for agricultural production, with an acknowledgement.

Article 12. Commitments for agricultural GDS Agricultural receipts are to complete their implementation. With the consent of the lender, the date of performance of the obligations of agriculture an acknowledgement may be brought forward to the next marketing year.

Implementation of agricultural receipts for each kind of agricultural production is carried out in order of their issue.

Commodity agricultural receipts are performed by the implementation of supply specified in agricultural rozpiscì agricultural products from the debtor by agriculture, with an acknowledgement to the lender for agriculture-an acknowledgement on the agreed-upon them conditions of delivery.

The supply of agricultural products other than as defined in the agricultural rozpiscì or in the agreed conversion formulas, is the failure of agricultural receipts, unless otherwise agreed by the parties of agricultural receipts.

Financial agricultural receipts are performed by transferring the debtor for agricultural production, with an acknowledgement of funds to the lender for an acknowledgement agriculture bank account.

Agricultural lender with an acknowledgement shall within three working days from the day of receiving a commitment for an acknowledgement agriculture done on agricultural rozpiscì inscription "Performed", signed and sealed with the seal (if any) of the lender, and return the following agrarian thy debtor. The return is done by personal transmission of agricultural receipts from the creditor to the debtor, and in case of impossibility to-by sending a valuable letter describing the attachment of the debtor's address specified in the agricultural rozpiscì.

After returning an acknowledgement by debtor's original agricultural agricultural receipts with a note about its execution debtor for an acknowledgement agriculture has the right to appeal to the person who performs the notarial acts, to make a record on the implementation of agricultural receipts to the appropriate registers.

Agrarian receipt with a note on its implementation to the circulation is not allowed. Information published by agricultural receipts and their execution is stored in the registry of agricultural receipts not less than 10 years.

With the consent of the lender for agriculture-agricultural production and an acknowledgement an acknowledgement by debtor allowed partial commitments for agricultural production, with an acknowledgement. For this commodity agricultural rozpiscì agrees to the size of the minimum party of agricultural products that can be put on its partial execution. Financial agricultural rozpiscì is determined by the minimum amount of money that can be paid in partial fulfillment of the financial agricultural receipts. If the text of agricultural receipts is not a disclaimer about the minimum partial implementation of agricultural receipts, a lender for an acknowledgement agriculture has the right to refuse acceptance of the partial fulfillment of obligations of the debtor for the agricultural production with an acknowledgement.

In the case of partial execution of the agricultural production with an acknowledgement it is done the inscription, which are made part of the obligations and the size of the commitment. This inscription sealed signatures and seals (if any) of the debtor by an acknowledgement agriculture and agriculture-based lender with an acknowledgement for. While ensuring agricultural receipts pledge is kept in the original volume.

With the consent of the parties obligations commodity agricultural production an acknowledgement can be made by transferring storage of documents that prove ownership of their owner for agricultural products stored on the product.

Article 13. Responsible presence of agricultural receipts without a mark on her performance is sufficient proof to the lender's requirements for agricultural production, with an acknowledgement.

In the case of debtor for agriculture-agricultural commitments, with an acknowledgement an acknowledgement within the specified period in an acknowledgement agriculture lender has the right to appeal to a person authorized to perform notarial acts, by taking the Executive title, which shall be executed and the executor within seven days, provides an acknowledgement for the transfer of agricultural lender collateral agricultural receipts.

In the absence of the kind of collateral that should be transferred to the lender for agriculture-agriculture-an acknowledgement an acknowledgement for the lender has the right to satisfaction of their demands at the expense of other property of the debtor.

If the debtor for agricultural production, with an acknowledgement of the property that is the subject of the collateral for agricultural production, with an acknowledgement, any third party commitments for agriculture-agriculture-an acknowledgement an acknowledgement for the lender has the right to satisfy their claims to the debtor for agricultural production, with an acknowledgement by this or other property of such third party, after which it appears law regresnoï requirements to debtor for agricultural production, with an acknowledgement.

The lender for agricultural production, with an acknowledgement that has been issued previously, has a preferential right to satisfy their demands at the expense of collateral in agricultural rozpiscì relative to the rights of creditors for agricultural GDS, which were published later by the same debtor on the same agricultural products.


The lender for agricultural production, with an acknowledgement that has been issued previously, has the right to meet their requirements for agricultural production, with an acknowledgement by the property lender later published an acknowledgement agriculture debtor on the same product, if the creditor has received from the debtor's performance on agriculture, with an acknowledgement of priority, established by article 12 of this law, within such queues resulting of the execution, then in such a creditor who has received an acknowledgement borgovoû performance out of turn There is a right to regresnoï requirements to debtor for agricultural production, with an acknowledgement.

If the lender an acknowledgement agriculture received agricultural receipt from the previous lender for agricultural production, with an acknowledgement by the Commission of the title transfer, he has the right to satisfy their demands at the expense of property of this prior lender or any previous lenders who are above him in the list of titles if the gear in the text of the inscription of agricultural receipts do not contain the clause "no guarantee". If the previous lender for agriculture-agricultural commitments, with an acknowledgement an acknowledgement will perform at the expense of their own property, pass the right lender for agricultural production, with an acknowledgement.

In case of default the creditor for an acknowledgement agriculture under article 12 of this law, the obligation to return the agrarian receipt after getting a commitment for it in full, with an acknowledgement of such agricultural lender is obligated to indemnify the debtor an acknowledgement by all agriculture caused him damage, as well as pay a fine of $ 10 minimum wages.

In case of default the creditor for agricultural production, with an acknowledgement without valid reasons under article 12 of this law, the obligation to return the agrarian receipt after receipt of the commitment behind it in full for more than one month, with an acknowledgement of such agricultural lender is obligated to indemnify the debtor an acknowledgement by all agriculture caused him damage, as well as pay a fine of 100 minimum wages.

In case of default the creditor for agricultural production, with an acknowledgement without valid reasons under article 12 of this law, the obligation to return the agrarian receipt after receipt of the commitment behind it in full for more than six months, with an acknowledgement of such agricultural lender is obligated to indemnify the debtor an acknowledgement by all agriculture caused him damage, as well as pay a fine of $ 300 minimum salaries, but not less than the size of the minimum amount requirements established by the law of Ukraine "on restoring debtor's solvency or declaring it bankrupt" for violation of the bankruptcy proceedings.

Article 14. Guarantee financial institutions commitment to agricultural GDS can be secured by the bail of a financial institution, such financial institution said in the text of agricultural receipts by committing the inscription "Poručaûsâ," which sealed her signature and seal of the authorized representative. Guarantee financial institutions for agricultural GDS is carried out in the manner prescribed for operations with bickering.

Chapter IV FINAL PROVISIONS 1. This law shall enter into force two months after its publication.

2. the Cabinet of Ministers of Ukraine in the same time period from the date of enactment of this Act: to bring their regulations into conformity with this Act;

ensure enforcement of ministries, other central executive bodies, their regulations into conformity with this Act;

ensure the adoption of regulations necessary for the implementation of the provisions of this law;

to develop and contribute to the Parliament draft laws defining peculiarities of taxation of agricultural GDS, enforcement and responsibility for agricultural GDS.

Ukrainian President Viktor Yanukovych, Kiev November 6, 2012 # 5479-VI