Key Benefits:
(Information Of The Verkhovna Rada (VR), 2013, No. 50, pp. 695)
{With changes under the Act
No. 406-VII of 04.07.2013 , BBR, 2014, No. 20-21, pp. 712}
This Act governs the relationships arising during the design, the issuing, circulation, the execution of agrarian notes, determines the order of their registration and aims to create the legal, economic, organizational conditions of the functioning of these documents.
In this Act, the following terms are used in this way:
The agrarian record is a trade-order document that captures the unconditional obligations of the debtor, which is provided by the stampede, to carry out agricultural products or to pay money on the prescribed conditions;
An agrarian brothel is a person who publishes an agrarian record for the design of his obligation to deliver agricultural products or to pay money to the conditions defined in the agrarian basis;
A lender for an agrarian record-a physical or legal person who grants money, services, supplies goods, performs work as a meeting obligation, for which a debtor for an agrarian statement gives her an agrarian office, enacting the right. Demand for granted a proper commitment, as well as a physical or legal person who received the rights of a creditor for an agrarian record from another creditor for an agrarian basis, in a manner not prohibited by law;
The agrarian ledger register is the only information system that contains information about mandatory reps of issued and extant agrarian receipts;
An expert institution is a physical or legal entity whose activity is to pay for a fee of agricultural research in agriculture, which independently or specialists have confirmed their qualifications in the order established by law. Forensic experts;
Monitoring of the subject matter of agrarian statements-the activities of creditors for agrarian murals and engaged creditors for agrarian paintings of other stakeholders to monitor future crop Agrarian debtors, collection of information on the subject of claims and debtors behind agrarian murals, its systematization in the database and using such databases in the manner prescribed by the law;
agricultural products-products which are defined in groups 01-14 chapters I and II Ukrainian classification of foreign goods According to the Law of Ukraine "On the Customs of Ukraine".
Chapter II
AGRARIAN STATEMENTS
Agrarian statements are used in agricultural operations.
Agrarian statements can be issued by individuals who have the ownership of an agricultural property or the right to use such land on legal grounds for agricultural production. If the ownership of a land area is owned by two or more co-owners or the right to use two or more users, they are jointly issued. Individuals who have jointly issued an agrarian statement carry a solidarity responsibility for failing to comply with their obligations.
The transition of land ownership or land ownership does not stop the action of an agrarian solution of the future of the crop and does not stop the rights of the debtor and creditor of the agrarian account for the use of land before gathering. the relevant harvest, but not longer than before the end of the current marketing year. The debtor is obligated to inform persons whom he transfers ownership or the right to use a land area, agricultural products from which are subject to agrarian discharge, about existing restrictions according to the agency. published by agrarian press.
Agrarian statements are made up of two copies, one of which is stored in a person's case, which is committed to the notarial actions of their identification and registration, and the second instance is passed to the creditor for the agrarian version. With the request of a debtor for an agrarian record, he may be given a copy of the copy of his published agrarian statement.
In accordance with the terms of the commitment of agrarian statements, they are divided into trademarks and financial agrarian statements.
A trademark is an agrarian mural that establishes an unconditional commitment to a debtor for an agrarian basis to deliver a consistent agricultural output, quality, quantity, place and lines of delivery defined by agrarian products. mural.
Article 4. Form of trademark and dispute resolution on quality of agricultural products
Trademarks are composed of written form on a form, subject to a notary position and cannot be translated into a non-documentary form (known) unless otherwise provided by the Act.
The agricultural trademark should contain the following mandatory requisition:
1) the name is "The Thorn of agrarian mural";
(2) Lines of delivery of agricultural products;
(3) To revisit the creditor and conditions for the subsequent transfer of rights for the agrarian page;
(4) The subject is an obligation to supply agricultural products, to determine its quantity and quality. The number of agricultural products has been calculated in the case of agricultural supplies of other quality;
5) the conditions and place of the supply of agricultural products;
(6) description of the subject matter of collateral, including information on the amount of forced moving property, cadastral number, location, legal documents on the land areas on which the forced future harvest is grown. Agricultural products;
7) the date and place of the issuance;
(8) the name of the debtor, its registration number, registration card number of the taxpayer card (the number and a series of passports in case the person through their religious beliefs refuses to accept the payment card registration number) In taxes, taxes and charges were reported, and the signature was for physical persons. Naming, location, EDRPOU code, the signature of the authorized person and seal-for legal persons. If the debtors are two or more, all the debtors are noted.
{Item 8 of the second article 4 with the changes made in By law No. 406-VII of 04.07.2013 }
The debtor and lender may agree to include the text of a trademark of additional conditions, which do not contradict the position of the Act.
A document that does not meet the requirements of this article is not an agrarian record.
The quality of agricultural products-subject of agrarian discharge is determined by the debtor and creditor by mutual consent based on government standards of Ukraine, technical conditions, technical regulations, classifiers in Ukraine for the day of issuance. An agrarian statement.
If the day of the occurrence of a dispute over the quality of products is agreed by a debtor and a creditor of an agrarian examination, an expert institution does not have the authority to exercise the necessary expertise, debtor and creditor by mutual consent. choose another expert institution that has the appropriate powers.
In the event of a debtor and a creditor of consent for an expert organization, the dispute is resolved in a court order.
An agrarian account is an agrarian statement that establishes an unconditional debtor obligation to pay a monetary sum, the size of which is determined by the agreed debtor and the creditor of the formula with regard to the price of agricultural products in the definition. Number and Quality.
The debtor's commitment to financial gambling is only carried out in cash.
Article 6. Form of fiscal statement
The financial agrarian statements are made in writing on the form, subject to the notary's position, and cannot be translated into a non-documentary form. The financial agricultural discharge should contain the following mandatory requisition:
(1) The name is "Financial Agrarian Review";
(3) To revisit the creditor and conditions for the subsequent transfer of rights for the agrarian page;
(4) The subject is an unconditional obligation to pay monetary funds, the determination of formulating the size of the monetary obligation of the debtor, the number and deposit of agricultural products, which is an integral part of such a formula;
5) the conditions and place of payment of money;
(6) The description of the subject matter, including information concerning the cadastral number, location of the location, the law of the documents on the land areas on which the future crop of agricultural products is grown;
7) the date and place of the issuance;
(8) the name of the debtor, its registration number, registration card number of the taxpayer card (the number and a series of passports in case the person through their religious beliefs refuses to accept the payment card registration number) In taxes, taxes and charges were reported, and the signature was for physical persons. Naming, location, EDRPOU code, the signature of the authorized person and seal-for legal persons. If the debtors are two or more, all the debtors are noted.
{Item 8 of the first article 6 with changes made in accordance By law No. 406-VII of 04.07.2013 }
The debtor and the lender may agree to include a financial statement of additional conditions, which do not contradict the position of the Act.
A document that does not meet the requirements of this article is not an agrarian record.
Article 7. The forgotten future of the harvest
Agrarian mural establishes a debtor's commitment to a debtor's commitment to an agrarian mural of his future harvest. The subject of such bail may be an exceptionally future crop of agricultural products.
The size of the force must be not smaller than the size of the agrarian bond. On the day of the issuance of an agrarian statement, the future harvest of agricultural products cannot be found in other grounds than in agrarian paintings.
On the day of harvesting, the item is subject to the corresponding amount of agricultural products collected. The duty of the extraction of the collected agricultural products rests on the debtor of agrarian painting.
The basis of the future crop of agricultural products is given by the creditor of agricultural products, in case of non-fulfillment of the debtor of the order of agrarian order in order of forced execution of the debtor's obligation for agrarian mural. The satisfaction of requirements for the expense of the forced future crop of agricultural products is mainly in front of the other creditors of this debtor. Satisfaction of creditor requirements by agrarian brokerage account for the forced future crop of agricultural products is done by selecting a creditor for agrarian painting in any way, not prohibited by law, including by transfer. He gives his property rights to the subject of collateral repayment of the debtor's debt, the creditor of the agrarian brokerage law to account for the future of the future harvest of agricultural products. crop of agricultural products independently or empowered by it a person's obligation and to pay off the main obligation of the debtor for a commodity agrarian, by means of ownership of such a collection (grown-up) of agricultural products, or to pay off the monetary obligation of the debtor for the financial agrarian basis The purchase of a contract of purchase of forced agricultural products with another person-the buyer (including the contract of public trading), with the receipt of a debtor's commitment to the agrarian fee of the payment fee. such a treaty.
The costs carried out by the creditor for the agrarian education and harvesting of forced agricultural products are reimbursed by the agrarian debtor separately in the order stipulated by the legislation to reimburse major harm.
In the event of the death of the crops, the future crop of which is the subject of collateral for agrarian painting, the debtor's debtor is required to agree with a creditor to replace the subject with a similar or equivalent jersey, The inscription on the agrarian inscription is the inscription, which is sparse by the signatures of the authorized representatives of the debtor and the creditor of the agrarian inscription. If the debtor's debtor will not reach an agreement with the creditor on account of another item on the basis of death, the future crop is the subject of the agrarian mural, the subject of force behind the agrarian mural. Future crops of agricultural produce grown on the land area on which the crops are placed.
After harvesting and complete redemption through such agricultural products, the debt owed to the debtor of the rest of the harvested (grown) agricultural products or from its realization will remain in the debtor. In a piece of charge.
If the harvest is insufficient for the complete repayment of such agricultural products, the debtor's commitment to the agrarian brokerage is the future harvest of any other agricultural sector. The products that are grown or will be grown by a debtor in the land area on which the agricultural products were grown, the future harvest was the subject of the agrarian discharge, to total execution. A debtor's commitment to an agrarian record, unless otherwise installed The arrangement of the sides of the agrarian statement.
Compliance with an agrarian basis can be provided by further any stipulated by the legislation of Ukraine to ensure compliance.
The subject can be insured by a creditor or a debtor for an agrarian record. A lender and debtor may agree on a joint cost of costs for the insurance of the subject matter insurance.
Article 8. Monitoring of the needs of the future crop of agricultural products
The lender for agrarian mural has the right to own or to engage in third parties monitoring the future crop of agricultural products, which is the subject of its agrarian schedule. Monitoring can be carried out throughout the entire range of the action of the future crop of agricultural products, unless otherwise established by arrangement of the sides of the agrarian statement.
The implementation of monitoring involves observing the future crop, with the approval of the debtor of appropriate technological processes with the ability to access land areas on which the future harvest is grown. The subject of the agrarian mural, as well as the access to the premises where the agricultural products are collected, which is the subject of the agrarian section. Penetration to premises is permitted only by the presence of a debtor behind an agrarian view or one of its close persons, or legal representatives.
After harvesting, the monitoring is carried out by observing the collected agricultural products with the ability to access the locations of its storage.
Direct interference or obstruction of the debtor's work is prohibited unless otherwise provided by law.
In case of monitoring of violations by the debtor of the debtor of technological processes of the cultivation of agricultural products, the future crop is the subject of the agrarian discharge subject to the threat of receipt. The future crop of agricultural products in the ordinary volume, the lender for agrarian painting has the right to make an act of disruption of production technology and require a debtor to eliminate such a violation in such a line of lines. If requirements laid out in the act on the infringement of the production technology will not be removed by the agrarian debtor themselves, for the purposes specified in the act, the lender's creditor shall be entitled for an agrarian basis for the purpose of Salvation. The future harvest of borrowers alone or with the involvement of third persons is to grow the future crop with the process of appropriate technological processes. The expense of the creditor for the agrarian basis for such an expensive is reimbursed by the debtor in the order stipulated by the law.
In the case of non-consent with the requirements outlined in the act of violation of the technology of production, the debtor's debtor has the right to address the organization specially authorized by the central authority that provides the formation and implementation of the organization. a state agrarian policy, to address such disputes. The stated organization is obliged to consider the dispute and make a final decision in the dispute that will be mandatory for the parties, within two working days from the day of receipt of the complaint with the added act of the creditor for the agrarian breach. Production technology. Prior to the resolution of this dispute, a specially authorized creditor organization is not entitled to conduct an agrarian view of the future crop. In the absence of a solution to the above organization, the debtor's complaint line is considered unreasonable and rejected. In the event of non-consent of the parties with the decision of a specified specially authorized organization such a decision may be appealed to the court.
Article 9. Order of Agrarian Subscriptions
The agrarian mural is issued separately on every type of agricultural production, defined by the ancestral or individual signs. Agricultural censations may be issued on each approved debtor and a creditor of the delivery of agreed agricultural products.
During the issuing of the agrarian, the mural is subject to the notary ' s decision in order predicted. Law of Ukraine "On Notaries" For legal purposes, subject to the features established by this Act. The information about the agrarian record at the time of her license is made up to the Register of Agrarian-Statement of the Person who acts as a notary. Information on the subject of the agrarian bond is made up to the State Registry of the circumcising of the moving property of the person, which is committed to the notary's actions, at the time of the notary registration of the agrarian statement. In the event of additional provision of agrarian information, information on such a provision may be applied to the relevant registers under the legislation.
An agrarian mural is considered to be published from the day of her registration in the Agricultural Briefcase.
Article 10. Gambling Registry Summary
The holder of the Agrarian Assembly Register is the central executive body that provides the formation and implementation of state agrarian policies. The holder of the Register of Agrarian receipts in the order defined by the Cabinet of Ministers of Ukraine, sends persons who commit notarial actions, the authority of the registrants of the Register of Agrarian receipts, which will provide services from the records to the Register of Agrarian Talk about agrarian statements and provide information on this registry to other persons.
There may not be any restrictions on access to information about the fact that the issuer of agrarian notes is a particular debtor for the agrarian press, which at the time of the appeal to the Agrarian Review remain unfulfilled, and the name of the Agricultural products with which the obligation of such a debtor is.
The Agrarian Register Registry has the right to issue other persons with information about the specific agrarian debtor and the history of their circulation only by the consent of the debtor or creditor at such an agrarian page, respectively. The Law of Ukraine "On Protection of Personal Data" .
The executive branch of the executive branch, which provides and implements state agrarian policies, defines a state enterprise belonging to the scope of its management, the administrator of the Register of Agrarian Review, authorizes it to take action. Creating and escorting the Agrarian Receipts software and responsible for the technical and technological support, preservation and protection of data contained in the Register of Agrarian Receptions.
Requirements for Agrarian Review and Order His conduct is set by the Cabinet of Ministers of Ukraine.
Article 11. Overwriting creditor's rights
The recourse of creditor rights for agrarian discharge is carried out by performing on it or on its non-negative application of the transferable inscription "Retracting" with the value of the new creditor for the agrarian page. Such an inscription is broken by the signature and seal (in presence) of the previous creditor.
Rewriting of agrarian censure is subject to a notary's decision in the order predicted. Law of Ukraine "On Notaries" For legal purposes, subject to the features established by this Act.
The overwriting of agrarian is not notarized, does not cause the transition to another person's rights to the creditor.
Article 12. Execution of agrarian commitments
Agrarian statements act to complete their execution. With the consent of the creditor, the due date of the agrarian obligation may be moved to the next marketing year.
The execution of agrarian notes on each type of agricultural products is carried out in the drawing of their extradition.
Commodity agrarian statements are performed by the delivery of the agricultural products listed in the agricultural production of agricultural products to the creditor of the agricultural creditor.
The supply of agricultural products of another quality than defined in the agrarian distribution or in the agreed formula of the calculation is the failure of the agrarian statement if the other is not agreed by the sides of the agrarian statement.
Financial agrarian statements are performed by listing the debtor for the agrarian payment of money on the specified creditor of the bank account.
The lender for the agrarian page is required for three working days from the day of receipt of the pledge of approval for the agrarian inscription "Done", which is sealed by the signature and seal (in presence) of the creditor, and return to the agrarian account. Oh, that's a big deal of borrowers. The return is done by personal transfer of the agrarian statement from the creditor to the debtor, and in case of an impossibility-by sending a valuable letter with the description of the deposit on the debtor specified in the Agrarian Conference.
After the return of the debtor for the agrarian record of the original agrarian statement, the note on her performance of the agrarian brothel has the right to refer to the person who acts for the notarial actions, to make notes of the performance of an agrarian statement. The relevant registry.
An agrarian record with the mark of her execution until a re-run is not allowed. Information on the issuance of the agrarian statements and their execution is kept in the Reestre Agrarian Review for at least 10 years.
With the consent of the creditor on the agrarian view and the debtor for the agrarian record, a partial execution of the obligations of an agrarian record is allowed. To do this, in a commodity agrarian statement, the size of the minimum batch of agricultural products is agreed which can be supplied to its partial execution. In the financial framework, a minimum amount of cash is determined which can be paid for a partial execution of a financial agrarian statement. If the text of an agrarian statement does not contain a warning about the minimum size of the partial execution of an agrarian statement, the creditor behind the agrarian record has the right to refuse to accept the partial execution of the debtor's obligations of the agrarian mural.
In the event of obtaining partial execution by an agrarian view, a inscription on it is recorded, in which a part of the obligation and the size of the obligation is recorded. Such an inscription is sparse by the signatures and seals (in presence) of the debtor behind the agrarian inscription and the creditor of the agrarian printout. With this provision of agrarian discharge, the stalemate is kept in the original volume.
By the consent of the parties, the obligations of a commodity agrarian shall be done through the transfer of inventory documents, which will make the ownership rights of their owner on agricultural products stored on a commodity warehouse.
The presence of an agrarian statement without notice of its execution is sufficient proof of the indisparity of the creditor requirements of the agrarian statement.
In the case of non-executing an agrarian debtor, an agrarian broitor is required by an agrarian inscription on the basis of a creditor with the right to appeal to the person who is authorized to commit the notary's actions, by the execution of the executive writing which Subject to immediate execution and on the basis of which the State artist for seven days provides the transfer to the creditor of the subject of the charge of the agrarian statement.
In the case of a lack of the subject of a pledge to be transferred to a creditor for an agrarian statement, a creditor behind the agrarian brokerage shall have the right to meet its requirements at the expense of another debtor's property.
In the case of alienation by the agrarian debtor of the property, which is the subject of a charge of agrarian discharge, any third person to perform an agrarian statement, a creditor behind agrarian painting has the right to satisfy his debtors ' demands for the agrarian. An agrarian brokerage account for such a third person's estate, after which it has a right to regal claim to the debtor for agrarian mural.
The lender for the agrarian record, which has been issued earlier, has the overwhelming right to meet its requirements by subject to the subject of bail in relation to the rights of creditors for agrarian murals, which were issued later by the same debtor. Agricultural products.
The creditor for the agrarian book, which has been issued earlier, has the right to satisfy their agrarian basis requirements by the creditor property, later issued by the agrarian debtor for the same products, if such a creditor received from The debtor of the agrarian case with a violation of the draft Article 12 of this Act, within such an extraordinary execution, whereupon such a creditor, which has received the execution of a debt-drawn from the queue, is the right of a regal requirement to the debtor for agrarian mural.
In the case of a creditor for an agrarian brokerage received an agrarian view from the previous creditor for an agrarian brokerage by committing a transfer letter, he has the right to satisfy his requirements for the property of such a prior creditor or any subject. from the previous creditors, which are above his name in the list of transmitters, if the text of the transferable statement of the card does not contain a warning "without a breach". If the previous creditor behind the Agrarian office is made up of an agrarian basis for account of his own property, he is transferred to the creditor of the agrarian record.
In case of non-execution by the creditor of the agrarian application of the predicted Article 12 This is the Law of the obligation to return the agrarian record after receiving a full amount of credit for it in its entirety. This creditor is required to reimburse the debtor of the agrarian brothels all damages, as well as pay a fine in the size of 10 minimum wage.
In case of not executing a creditor behind an agrarian view without the important reasons for the foreseeable future Article 12 This Act is required to return the agrarian account after receiving the commitment of it in its entirety for more than one month such a creditor for the agrarian debtor is required to reimburse the debtor of the agrarian mural of all the tasks His losses, as well as pay a fine of 100 minimum wage.
In case of not executing a creditor behind an agrarian view without the important reasons for the foreseeable future Article 12 This Act is required to return the agrarian record after receiving a full commitment in its entirety for more than six months as a creditor for the agrarian debtor is required to reimburse the debtor of the agrarian brothel all over the world. His losses, as well as payment of a fine of 300 minimum wage, but not less than the minimum amount of requirements is set By the Law of Ukraine "On renewal of the debtor's solvency or recognition of its bankrupt" For a breach of bankruptcy proceedings.
Article 14. Breach of financial institutions
The obligation of agrarian notes can be provided with a breach of the financial institution that such a financial institution notes in the text of an agrarian statement by committing "Police", which is sparse by the signature of its authorized representative. A seal. A breach of financial institutions under agrarian discharge is carried out in the order set up for transactions of promissory notes.
1. This Act will take effect two months from the day of its publication.
2. The Cabinet of Ministers of Ukraine in the thirty-day period from the day of entry into force:
To bring their legal and legal acts into compliance with the Act;
To ensure that the ministries, other central executive bodies have the authority of their normative acts in compliance with the Act;
To ensure the adoption of the regulations necessary to implement the provisions of this Act;
To develop and amend the Verkhovna Rada of Ukraine draft laws defining the peculiarities of taxation of transactions with agrarian murals, the exercise of coercive execution and responsibility for agrarian murals.
