of February 18, 1991 No. 611-XII
About peasant farm
This Law determines legal status, conditions of creation, activities, reorganization and liquidation of peasant farm, the right and obligation of his members.
1. Peasant farm the commercial organization created by one citizen (members of one family) who made (made) property contributions, for implementation of business activity on production of agricultural products and also on its conversion, storage, the transportation and realization based on its personal labor participation and use of the parcel of land provided for these purposes according to the legislation on protection and use of lands is recognized (further if other is not determined, – farm).
2. The farm possesses on the property right the property transferred in quality of contribution to authorized capital of farm by his founders (members) and also the property made and acquired by farm in the course of its activities.
3. Members of farm have liability laws concerning this farm.
1. The relations connected with creation and activities of farm are regulated by this Law, acts of the President of the Republic of Belarus, the civil legislation, the legislation on protection and use of lands, other acts of the legislation, and also international treaties of the Republic of Belarus.
2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in the legislation on farm then are applied rules of the international treaty.
1. To farms which have proceeds from sales of the crop production self-produced products made or made and processed by them (except flowers and ornamental plants), livestock production (except fur fur farming), fish breeding and beekeeping is made by at least 50 percent from total sales for the previous financial year, and also newly created farms (within the first year from the date of their creation) are given the state support at the expense of means republican and local budgets according to the procedure and forms, stipulated by the legislation. The specified farms are given the state support in the sphere of logistics, acquisition (including under the agreement of finance lease (leasing)), repair and maintenance of agricultural machinery and the equipment, land reclamation and lime application of soils, protection of plants, seed farming, veterinary and breeding case, scientific servicing and in other spheres on an equal basis with other producers of agricultural products.
2. Farms have the equal rights with other producers of agricultural products to delivery of goods for the state needs according to the legislation.
3. Establishment of borders of the parcels of land provided for maintaining farms, project development of intraeconomic land management of the farms, document creation certifying the rights to the parcels of land are performed by the state organizations subordinated to the State committee on property, according to the procedure, by the established legislation on protection and use of lands at the expense of the funds allocated for these purposes from the republican budget.
4. Other conditions and forms of the state support and guarantee of activities of farms can be established by the president of the Republic of Belarus.
5. In the territory where there are no objects of production infrastructure, the district executive and administrative organ provides primary arrangement of farm by construction of roads, radio lines - and electricity transmissions, subjects to water supply, gas supply, telephone communication and other objects, and also land reclamation at the expense of the funds allocated for these purposes from republican and local budgets according to the legislation.
1. The capable citizens of the Republic of Belarus, foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus have the right to creation of farm.
2. On the parcels of land withdrawn at the liquidated and reorganized agricultural organizations, members (workers) of these agricultural organizations have the privilege to creation of farms.
3. The decision on creation of farm is drawn up by the protocol of meeting of founders of farm (except cases of creation of farm by one citizen).
1. The farm acts on the basis of the Charter in which are specified:
the name of farm which shall contain words "peasant farm" or "farm" or "peasant economy";
information about the head and other members of farm (surname, own name, middle name, data of the identity document, residence);
purposes of activities of farm;
size of authorized capital of farm, size of deposits to authorized capital of his members, structure, terms and procedure for their introduction;
size of shares of members of farm in its authorized fund;
procedure for forming of property of farm and condition of the order it;
procedure for labor participation of members of farm in activities of farm;
procedure for profit distribution of farm;
rights and obligations of members of farm;
procedure for the introduction in the list of members of farm of new members, exit and exception of the list of members of farm;
procedure for management of activities of farm, its liquidation.
The charter of farm can contain also other provisions which are not contradicting the legislation connected with features of activities of farm.
2. The charter of farm affirms the decision of meeting of founders of farm which is drawn up by the protocol of meeting of founders of farm. The protocol of meeting of founders of farm is signed by all founders of farm.
In case of creation of farm by one citizen the charter of farm affirms this citizen (the head of farm).
3. Changes and (or) additions according to the procedure, established by the civil legislation, in case of change of provisions of Item 1 of this Article, and also in other cases provided by legal acts are made to the charter of farm.
1. During creation of farm its authorized capital according to the procedure, established by this Law, other legislation and the charter of farm is created.
2. The authorized capital of farm is created of the cost of deposits of founders (members) of farm.
(Including common property) things, including money and securities, other property, including property rights or other alienable rights having cost can be contribution to authorized capital of farm belonging to founders (members) of farm on the property right.
The value assessment of non-cash contribution to authorized capital of farm is subject to examination in cases and procedure, stipulated by the legislation.
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