Legal Regime of Farm Property

Abstract

The article is devoted to the analysis of the issue of the legal regime of the property of a farm. The purpose of the article is to clarify the content of the legal regime of the property of a farm and to develop proposals to improve the relevant provisions of the law.
On the basis of the conducted research, it is proved that the legal regime of the property of a farm is a subset of the legal regime of the property of a business entity, its content includes static and dynamic elements of the legal regime of the property of a business entity, the external manifestation of which has certain peculiarities due to the organisational and legal form of the farm. It is concluded that the content of the legal regime of the property of a farm is determined by the right of ownership (the right of common ownership for a farm without the status of a legal entity) as the main legal title of the farm property.
The article identifies the basic provisions of the legal regime of the property of a farm: 1) participation of members of a farm in the formation of its property; 2) determination of the list of property that may be owned by a farm; 3) economic legal personality of a farm in property relations; 4) sources of regulation of property relations, which are defined by law, charter, agreement between members of the farm, contract (declaration) on the establishment of the farm; 5) the right of a member of a farm to a share of the property of such a farm.
Based on the analysis of legislation and judicial practice, it is substantiated that the manifestation of the elements of the legal regime of the property of a farm is closely interrelated with the possibility to recognise a farm with the status of a legal entity as a corporate enterprise.
In order to improve the legal regime of the property of a farm, it is proposed to specify the provisions on the formation of the property of a farm by amending Article 19 of the Law, as well as to develop a model statute of a farm in order to ensure compliance with the provisions of the Law and to provide methodological assistance to persons wishing to establish a farm in fixing the provisions of the legal regime of the property of such a farm.