Щодо розгляду господарських спорів за участі фермерських господарств

Abstract

The article is devoted to the analysis of the practice of economic courts in resolving litigations involving farms. The article sets the task to specify the provisions on the consideration of economic litigations involving farms and the development of areas for improving the current legislation. Based on the analysis of scientific views on agrarian litigation, it was concluded that a farm can be a participant in any such litigations, but not all of them are subject to consideration by economic courts. Attention is paid to the division of litigations into public law and private law, the definition of an economic litigation. Based on the analysis of the array of practice of considering economic litigations with the participation of farms, economic land litigations, farm management litigations and other litigations related to violation of the corporate rights of farm members are singled out, since these litigation s have certain specifics or problems in their resolution. Based on the analysis of the practice of considering land litigations, the problem of determining the subject jurisdiction is stated and it is specified that the criteria for classifying these litigations as economic jurisdiction are the fact of state registration of a farm as a legal entity or an individual entrepreneur at the time of filing a claim and the dominance of private interest. Summarizing the analysis of the consideration of cases on litigations regarding farm`s members and other violations of the corporate rights of members of such a farm, the problem of applying the analogy of the law by the courts is identified and it is specified that the analogy of the law is applied by the economic courts to overcome gaps in the regulation of relations between the activities of the farm in order to protect the violated rights and in case if the relevant relations are subject to general legal regulation, but there is no special legal norm or norm is incomplete. To improve legislative regulation, it is proposed to secure the right of the proper tenant of the land plot to crops and harvest, which is to be harvested after the expiration of the land lease agreement, and to regulate the issues of convening, holding, and making decisions by the general meeting of the farm.