of June 11, 2003 No. 74-FZ
About peasant farm
Accepted by the State Duma of the Russian Federation on May 23, 2003
Approved by Council of the Russian Federation on May 28, 2003
This Federal Law determines legal, economic and social basis of creation and activities of peasant farms.
This Federal Law guarantees to citizens the right to creation of peasant farms and their independent activities.
1. The peasant farm (further also - farm) represents consolidation of the citizens connected by relationship and (or) property, having property in common property both jointly performing productive and other economic activity (production, conversion, storage, the transportation and realization of agricultural products) based on their personal participation.
2. The farm can be framed by one citizen.
3. The farm performs business activity without formation of legal entity.
Rules of the civil legislation which regulate activities of legal entities, being the commercial organizations are applied to the business activity of farm performed without formation of legal entity if other does not follow from the Federal Law, other regulatory legal acts of the Russian Federation or being of legal relations.
4. The farm can be recognized agricultural producer in accordance with the legislation of the Russian Federation.
1. Federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies promote creation of farms and implementation of the activities by them, give support to farms, including by means of forming of economic and social infrastructures for ensuring access to farms to financial and other resources, and also in accordance with the legislation of the Russian Federation about small business.
2. Intervention of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies in economic and other activity of farm is not allowed, except as specified, stipulated by the legislation the Russian Federation.
1. Capable citizens of the Russian Federation, foreign citizens and stateless persons have the right to creation of farm.
2. Can be members of farm:
1) spouses, their parents, children, brothers, sisters, grandsons, and also grandfathers and grandmothers of each of spouses, but no more than from three families. Children, grandsons, brothers and sisters of members of farm can be accepted in members of farm of age of sixteen years on reaching them;
2) the citizens who are not consisting related to the head of farm. The maximum number of such citizens cannot exceed five people.
1. In case of creation of farm by one citizen agreement signature is not required.
2. The citizens who showed willingness to create farm sign among themselves the agreement.
3. The agreement on creation of farm (further - the agreement) shall contain data:
1) about members of farm;
2) about recognition by the head of farm of one of members of this economy, powers of the head of farm according to article 17 of this Federal Law and procedure for farm management;
3) about the rights and about obligations of members of farm;
4) about procedure for forming of property of farm, procedure for ownership, use, the order of this property;
5) about procedure for acceptance in members of farm and procedure for exit from members of farm;
6) about procedure for distribution of the fruits received from activities of farm, products and the income.
4. Copies of the documents confirming relationship of the citizens who showed willingness to create farm are attached to the agreement.
5. The agreement is signed by all members of farm.
6. At the discretion of members of farm the agreement can join other conditions which are not contradicting the civil legislation.
7. The changes concerning structure of farm shall be brought in the agreement signed by members of farm.
The farm is considered framed from the date of its state registration according to the procedure, established by the legislation of the Russian Federation.
1. The parcel of land, economic and other constructions, meliorative and other constructions, the productive and working cattle, bird, agricultural and other machinery and equipment, vehicles, stock and other property, necessary for implementation of activities of farm, can be part of property of farm.
2. Fruits, products and income gained by farm as a result of use of its property are common property of members of farm.
3. The property of farm belongs to his members on the right of joint property if the agreement between them does not establish other.
Shares of members of farm in case of equity property on property of farm are established by the agreement between members of farm.
4. The list of the objects which are part of property of farm, procedure for forming of property of farm are established by members of farm by mutual consent.
Members of farm together own and use property of farm. The procedure for ownership and use of property of farm is determined by the agreement signed between members of farm according to article 4 of this Federal Law.
1. The procedure for the order property of farm is determined by the agreement signed between members of farm according to article 4 of this Federal Law.
2. The order property of farm is performed for the benefit of farm by the head of farm.
3. According to the transactions made by the head of farm for the benefit of farm the farm answers with the property determined in article 6 of this Federal Law. The transaction made by the head of farm is considered committed for the benefit of farm if it is not proved that this bargain is concluded by the head of farm in its private interests.
1. In case of exit from farm of one of his members the parcel of land and means of production of farm are not subject to the Section.
2. The citizen in case of exit him from farm has the right to the monetary compensation proportional to its share in the right of common property to property of farm. The payment due date of monetary compensation is determined by mutual consent between members of farm or if mutual consent is not reached, judicially and cannot exceed year from the moment of giving by the member of farm of the statement for exit from farm.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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