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LAW OF UKRAINE

of June 19, 2003 No. 973-IV

About farm

(as amended on 24-09-2021)

This Law determines legal, economic and social basis of creation and activities of farms as progressive form of business activity of citizens in industry of agricultural industry of Ukraine.

The law is directed to creation of conditions for realization of initiative of citizens on production of commodity agricultural products, its conversion and realization in the internal and external markets, and also for ensuring rational use and protection of lands of farms, legal and social protection of farmers of Ukraine.

Section I. General provisions

Article 1. Concept of farm

1. The farm is form of business activity of the citizens who showed willingness to make commodity agricultural products, to enable its conversion and the realization for the purpose of profit earning on the parcels of land provided to them in property and/or use including in lease, for maintaining farm, commodity agricultural production, personal peasant economy, according to the law.

2. The farm can be created by one citizen of Ukraine or several citizens of Ukraine who are relatives or family members according to the law.

3. The farm has the name and can have seals.

4. The farm is subject to state registration as the legal entity or physical person entrepreneur. The farm acts on the basis of the constituent document (for the legal entity - the charter, for economy without the status of the legal entity - the agreement (declaration) on creation of farm). In the constituent document the name of economy, its location, the address, subject and the purpose of activities, procedure for forming of property (share capital), governing bodies, procedure for adoption of decisions by them, procedure for the accession to economy and exit from it and other provisions which are not contradicting the legislation of Ukraine are specified.

5. The farm registered as the legal entity has the status of family farm provided that in its business activity work of members of such economy which members of one family according to article 3 of the Family code of Ukraine are only is used.

The farm without the status of the legal entity will be organized on the basis of activities of physical person entrepreneur and has the status of family farm, on condition of use of work of members of such economy which exclusively physical person entrepreneur and members of his family according to article 3 of the Family code of Ukraine are. Features of creation and activities of family farm without acquisition of the status of the legal entity are regulated by provisions of article 8-1 of this Law.

The member of the corresponding family can only be the chairman of family farm.

Involvement of other citizens by family farm according to article 27 of this Law can be performed only for accomplishment of seasonal and separate works which are directly connected with activities of economy and require special knowledge or skills.

Article 2. Legislation on farm

1. The relations connected with creation, activities and the termination of activities of farms are regulated by the Constitution of Ukraine, the Land code of Ukraine, this Law and other regulatory legal acts of Ukraine.

2. This Law does not extend to the citizens conducting personal peasant economy or using the parcels of land for construction and servicing of the apartment house, economic constructions and constructions (personal plots), gardenings, truck farming, mowing and pasture of the cattle.

Article 3. Members of farm

1. The spouses, their parents, children who reached 14-year age can be members of farm, other family members, relatives who united for joint maintaining farm recognize and observe provisions of the constituent document of farm. Persons working in it according to the employment contract (contract) cannot be members of farm.

2. During creation of farm by one of family members other family members, and also relatives can become members of this farm after introduction of amendments to its Charter.

3. For the purposes of this Law the wife (husband), parents, children, the grandmother, the grandfather, the great-grandmother, the great-grandfather, grandsons, great-grandsons, the stepmother, the stepfather, the stepdaughter, the stepson, the family and cousins and sisters, the uncle, the aunt, nephews of both the chairman of farm, and his wife (her husband), and also the faces consisting in the related relations of the first degree of relationship with all above-mentioned family members and relatives treat family members and relatives of the chairman of farm (parents of such person and parents of the husband or the wife, his husband or the wife, children of both such person, and his husband or the wife, including the children adopted by them).

Article 4. Head of farm

1. The head of farm is his founder or other person determined in the Charter.

2. The head of farm represents farm before public authorities, the companies, organizations, the organizations and certain citizens or their associations according to the law.

3. The head of farm concludes bargains on behalf of economy and makes other legally significant actions according to the legislation of Ukraine.

4. The head of farm can charge in writing execution of the obligations to one of members of economy or person working under the contract.

Section II. Creation of farm

Article 5. The citizens having the right to creation of farm

Each capable citizen of Ukraine who reached 18-year age and showed willingness to create farm has the right to creation of farm.

The citizens who created farm have the right to equip the dwelling in that part of the farm of the parcel of land provided for maintaining from which convenient access to all production facilities of economy is provided. If the dwelling of members of farm is outside settlements, then they have the right to creation of the isolated farmer estate to which the postal address is appropriated.

The isolated farmer estate is the parcel of land together with located on it the apartment house, economic and household buildings, land and underground communications, long-term plantings, being outside the settlement.

For arrangement of the isolated estate the help on construction of sidings to farm, electro-and radiotelephone networks, gas and the water supplying systems is provided to farm for the budget account.

The one-time money allowance at the expense of the government budget in the amount of, established by the Cabinet of Ministers of Ukraine is provided to the immigrants creating farm in trudonedostatochny settlements which list is determined by the Cabinet of Ministers of Ukraine.

Article 6.

Article 6 is excluded according to the Law of Ukraine of 16.06.2011 No. 3526-VI

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