The legal status of a peasant (farmer) farm as a business entity

Spektor Ludmila,Zhmurko Rodion,D Rudoy,A Olshevskaya,N Ugrekhelidze

doi:10.1051/e3sconf/202127308015

Spektor Ludmila, Zhmurko Rodion + Show 3 more

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https://doi.org/10.1051/e3sconf/202127308015

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Abstract

This article examines the legal status of the peasant (farmer) economy as a subject of entrepreneurial activity which has developed to date, is the result of numerous reforms carried out in this area. In modern realities for the formation of such an association of citizens, the registration of a legal entity is no longer required, which is enshrined in Federal Law N 74-FL of 11.06.2003 “On peasant (farmer) farming”. This article examines the concept of a peasant (farmer) economy, examines the legal aspects of its activities, analyzes the legislative reforms carried out in this area, identifies current problems, and suggests ways to solve them. The article deals with the dual relationship of civil and land legislation arising in the regulation of land relations, including various transactions with land plots. The authors of the article suggest possible options aimed at eliminating the duality of this relationship, despite the fact that the land plot, taking into account the norms of civil and land legislation, can be considered as a natural object and as an object of civil relations with all the characteristics of real estate.

Highlights

There has been a rapid development of certain spheres of public life including the economy of our state as a whole which has given rise to many new business entities with the main goal of extracting profit in recent years.The main purpose of the study is to study the problem of the legal status of the peasant economy as a subject of entrepreneurial activity as well as to study the problem of the relationship between civil and land legislation in the field of land relations regulation.The subject of the study is social relations related to the organization and management of a peasant economy, normative legal acts regulating these relations as well as the practice of their use
In civil and land legislation, there are no clear criteria for distinguishing the scope of both branches of legislation in the regulation of land property relations, including the turnover of land plots, because firstly, there is no doctrine for distinguishing the norms of civil and land legislation; secondly, a number of authors deny the existence of land law as an independent branch; thirdly, according to other authors, there is no need to include land plots in the sphere of civil law regulation; Fourth, a number of scientists express their position on the priority of regulating land relations by the norms of one or another branch of law, in particular the Civil Code of the Russian Federation
Their supporters believe that the ratio of civil and land legislation, which is manifested in the regulation of land relations, should be considered as intersectoral relations, since in various normative acts of land legislation, the norms of the Civil Code of the Russian Federation are reproduced in full or in part, without contradicting the civil legislation itself [4,5]

Summary

Introduction

There has been a rapid development of certain spheres of public life including the economy of our state as a whole which has given rise to many new business entities with the main goal of extracting (receiving) profit in recent years.The main purpose of the study is to study the problem of the legal status of the peasant (farmer) economy as a subject of entrepreneurial activity as well as to study the problem of the relationship between civil and land legislation in the field of land relations regulation.The subject of the study is social relations related to the organization and management of a peasant (farmer) economy, normative legal acts regulating these relations as well as the practice of their use. There has been a rapid development of certain spheres of public life including the economy of our state as a whole which has given rise to many new business entities with the main goal of extracting (receiving) profit in recent years. The main purpose of the study is to study the problem of the legal status of the peasant (farmer) economy as a subject of entrepreneurial activity as well as to study the problem of the relationship between civil and land legislation in the field of land relations regulation. The subject of the study is social relations related to the organization and management of a peasant (farmer) economy, normative legal acts regulating these relations as well as the practice of their use

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