Common property of a peasant (farm) farm – corporate property of a collective person

The reform of Russian civil legislation on subjects of law entailed the normative consolidation of two forms of peasant (farm) farms: in the form of a legal entity and without the rights of a legal entity. This work examines the issues of the legal regime and the composition of the common property of the farm at the present stage. The legal characteristics of the common property are disclosed. Approaches are proposed to the legal assessment of common property as a basic asset uniting members of a farm - a civil law community, into an independent form of an economic entity in the field of agriculture. An overview of the experience of legal regulation of the activities of the considered peasant (farm) farms in the post-Soviet space is given on the example of the legislation of Kazakhstan, Belarus, Uzbekistan, Tajikistan and Kyrgyzstan.

The purpose of the study: to establish the essential characteristics and features of the legal regime of the common property of farms. The objectives of the study: to determine the forms of farms in which common property is formed; allocation of certain types of common property; analysis of legislation and approaches of judicial practice on the issues under consideration; determining the role of common property in farming activities.

Research methods. The work uses theoretical (analysis and synthesis, including the method of systemic analysis) and empirical methods of scientific knowledge (observation, description). Separate scientific methods are also used (formal-logical, historical-legal, legal comparative studies, hermeneutic and synergistic).

The results of the study: domestic legislation contains a special type of economic entity - a peasant (farm) farm, the forms of which have various approaches to the legal regime of its property, including common property. In the work, the categories "property" and "common property" of the peasant (farm) economy, as well as the objects of rights included in their composition, are divided. The role of contractual relations between members of the economy in determining the legal regime of its property was revealed; proposed ways to develop legislation by securing in all forms of farming the right of common ownership of property by its members.

Abstract (other)

Keywords

farm property; common property; corporate property; composition of common property; civil law community; allocation of a share in the property; management of common property.

Received

01.02.2024

Publication date

24.04.2024

Cite

GOST	Laptev V. Common property of a peasant (farm) farm – corporate property of a collective person // Journal of Russian Law – 2023. – Articles_JRP_2023-2024 [Electronic resource]. URL: https://jrp.jes.su/S160565900029600-4-1 (circulation date: 28.04.2024). DOI: 10.61205/S160565900029600-4
MLA	Laptev, Vasily "Common property of a peasant (farm) farm – corporate property of a collective person." Journal of Russian Law 0 (2023) DOI: 10.61205/S160565900029600-4
APA	Laptev V. (2023). Common property of a peasant (farm) farm – corporate property of a collective person. Journal of Russian Law (0) DOI: 10.61205/S160565900029600-4

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