LAW OF UKRAINE

of November 6, 2012 No. 5479-VI

About agrarian receipts

This Law governs the relations arising during registration, issue, the address, accomplishment of agrarian receipts, determines procedure for their registration and is directed to creation of legal, economic, organizational operating conditions of this documents.

Section I General provisions

Article 1. Determination of terms

In this Law the following terms are used in such value:

the agrarian receipt - the tovarorasporyaditelny document fixing unconditional obligation of the debtor which is provided with pledge to perform delivery of agricultural products or to pay money on the conditions determined in it;

the debtor - person issuing the agrarian receipt for execution of the obligation to perform delivery of agricultural products or to pay money on the conditions determined in the agrarian receipt for the agrarian receipt;

the creditor according to the agrarian receipt - the physical person or legal entity providing money, services, delivering goods, performing works as counter agreement obligation on which the debtor according to the agrarian receipt issues it the agrarian receipt, giving the right to demand from it proper accomplishment of obligations, and also the physical person or legal entity which acquired the creditor's rights according to the agrarian receipt from other creditor according to the agrarian receipt by the method which is not prohibited by the law;

the register of agrarian receipts - the unified information system containing data on obligatory details of the issued and extinguished agrarian receipts;

expert organization - physical person or legal entity which activities consist in carrying out for a fee merchandising researches in the field of agricultural industry which independently or specialists of which confirmed the qualification according to the procedure, established by the law for court experts;

monitoring of subject of pledge of agrarian receipts - activities of creditors for agrarian receipts and other interested persons involved by creditors according to agrarian receipts on implementation of observation of future harvest which is pledge subject on agrarian receipts, to information collection about the subject of pledge and debtors according to agrarian receipts, its systematization in databases and to use of such databases according to the procedure provided by the law;

agricultural products - products which list is determined in groups 01-14 of Sections I and II of the Ukrainian classification of goods of foreign economic activity according to the law of Ukraine "About the Customs tariff of Ukraine".

Section II Agrarian receipts

Article 2. General provisions

Agrarian receipts are used in transactions with agricultural products.

Agrarian receipts can be issued by persons having the property right to the parcel of land of agricultural purpose or right to use by such parcel of land on legal causes for implementation of production of agricultural products. If the property right to the parcel of land belongs to two and more co-owners or right to use belongs to two and more users, agrarian receipts are issued by them jointly. Persons who jointly issued the agrarian receipt bear joint liability for failure to carry out of the obligations.

Transition of the property right or right to use by the parcel of land does not stop action of the pledge of future harvest specified in the agrarian receipt and does not stop the right of the debtor and the creditor according to the agrarian receipt on use of the parcel of land before collection of the corresponding harvest, but not longer, than before the termination of the current marketing year. The debtor according to the agrarian receipt shall tell persons to whom he transfers the ownership or right to use by the parcel of land from which agricultural products are pledge subject of the agrarian receipt, about the existing restrictions according to the issued agrarian receipts.

Agrarian receipts are constituted in duplicate, one of which is stored in cases of person making notarial actions according to their certificate and registration, and the second copy is transferred to the creditor according to the agrarian receipt. At the request of the debtor according to the agrarian receipt the certified copy of the agrarian receipt issued to them can be provided to him.

According to obligation type agrarian receipts are subdivided into commodity agrarian receipts and financial agrarian receipts.

Article 3. Commodity agrarian receipts

The commodity agrarian receipt is agrarian receipt which establishes unconditional obligation of the debtor according to the agrarian receipt to perform delivery of the approved agricultural products, quality, quantity, the place and which delivery date are determined by the agrarian receipt.

Article 4. Form of the commodity agrarian receipt and resolution of disputes of quality of agricultural products

Commodity agrarian receipts are constituted in writing on the form, are subject to the notarial certificate and cannot be transferred to paperless form (are immobilized) if other is not provided by this Law.

The commodity agrarian receipt shall contain such obligatory details:

1) the name - "The commodity agrarian receipt";

2) delivery date of agricultural products;

3) details of the creditor and condition about the subsequent assignment of rights on the agrarian receipt;

4) subject - the obligation to perform delivery of agricultural products, determination of its quantity and quality. Formulas of recalculation of quantity of agricultural products in case of delivery of agricultural products of other quality;

5) conditions and place of delivery of agricultural products;

6) the description of subject of pledge, including information, concerning quantity of the pledged personal estate, cadastral number, the location, documents of title on the parcels of land on which the pledged future harvest of agricultural products is grown up;

7) date and place of issue;

8) name of the debtor, its place of registration, registration number of accounting card of the taxpayer (number and series of the passport if person on the religious beliefs refuses adoption of registration number of accounting card of the taxpayer and reported about it in the relevant tax authorities) and the signature - for physical persons. The name, the location address, the EGRPOU code, the authorized signature - for legal entities. If debtors two are also more specified data of all debtors.

The debtor and the creditor can agree about inclusion in the text of the commodity agrarian receipt of the additional terms which are not contradicting provisions of this Law.

The document which is not meeting the requirements of this Article is not the agrarian receipt.

Quality of agricultural products - subject of the agrarian receipt is determined by the debtor and the creditor by mutual consent based on regulatory legal acts on the date of issue of the agrarian receipt.

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