Improving the Efficiency of State Support for Agricultural Producers: Legal Issues

Abstract

The article discusses the measures of state support for agricultural producers, among which a special place is occupied by subsidies provided in various areas. Based on the analysis of judicial practice, the difficulties of a legal nature that farmers, agricultural organizations, agricultural consumer cooperatives face when receiving such support are revealed. Firstly, regional legislation provides for the return of a subsidy not only because of its misuse, but also in case of violation of related obligations that have an indirect impact on the creation and functioning of agricultural producers (violation of the terms of spending, provision of false information when receiving a grant, etc.). It is proposed in the regional regulatory legal acts for non-compliance with the obligations associated with the intended use that arise in connection with the receipt of a subsidy by an agricultural producer, to replace such a measure of responsibility as the return of grant funds for penalties. Secondly, in the event of an unlawful refusal of the regional Ministry of Agriculture of the Russian Federation to issue a subsidy. It is proposed to recognize such a subsidy as a loss in the form of lost profits in order to recover it in a civil law order and to make appropriate changes to Art. 78 of the Budget Code of the Russian Federation. The solution of the identified problems will contribute to the development of sectors and sub-sectors of agriculture, will positively affect the food security of the Russian Federation.