Legal status of peasant (farm) farms. Agriculture of the Russian Empire: statistics

A.M. Anfimov, A.P. Korelin

Data on the state of agricultural production in Russia at the beginning of the 20th century. contained in various source complexes. The most important and most extensive of them is current agricultural statistics, collected and published since the early 80s of the 19th century. various departments: the Central Statistical Committee under the Ministry of Internal Affairs, the Department of Agriculture and Rural Industry (since 1894 - Department of Rural Economy and Agricultural Statistics) of the Ministry of Agriculture and State Property (since 1905 - Main Directorate of Land Management and Agriculture), Veterinary Directorate of the Ministry of Internal Affairs , zemstvo statistical bodies, various scientific and public organizations. As a rule, this is weather information characterizing the main aspects of agricultural production (sown areas, harvests and yields of the main agricultural crops, the number of different types of livestock, etc.) at the provincial, less often - at the district and community level. Provincial and district reports of this data, covering from the beginning of the 20th century. the entire territory of the empire, were published in the periodicals “Harvest of 18...” as part of the multi-volume “Statistics of the Russian Empire” “18... in agricultural terms based on materials received from the owners”, as well as in general publications on agricultural statistics of Russia late 19th early 20th centuries: “Collection of statistical and economic information on agriculture in Russia and foreign countries” (St. Petersburg, 1907-1913; Pg., 1914-1917); “Agriculture in Russia in the 20th century. Collection of statistical and economic information for 1901-1922. (M., 1923); “Code of harvest information for 1883-1915.” (M., 1928, etc.).

Another set of agricultural statistics consists of data from surveys and censuses that recorded the state of land ownership and land use, livestock breeding, and the entire agricultural production of European Russia or the entire Russian Empire for certain years. These are data from land censuses of 1877, 1887, 1905, agricultural censuses of 1916 and 1917, military horse censuses, a survey of agricultural machinery and implements conducted by the Central Scientific Research Center in 1910. Of great interest for studying the evolution of land ownership are the “Materials on statistics of the movement of land ownership "(St. Petersburg, 1896-1917), published by the Ministry of Finance and containing data on the mobilization of land ownership for 1895-1911, obtained by processing and systematizing information on the purchase and sale of land from announcements of notary offices published in the appendices to the "Senate statements." Calculation of data for 1911-1915. produced by A.M. Anfimov.

Data from complexes of agricultural statistics of different origins differ from each other, sometimes quite significantly. The problem of reliability and comparability of these data became the subject of special analysis in the studies of M.N. Dobrovolsky “Experience in the history and methodology of livestock statistics” (St. Petersburg, 1909); DI. Ivantsov “On the Criticism of Russian Harvest Statistics” (Moscow, 1911); E.Z. Volkova “Agrarian and economic statistics of Russia” (M., Leningrad, 1924); “Massive sources on the socio-economic history of Russia during the period of imperialism” (Moscow, 1979), etc. In this section, preference is given to publications by the Central Committee of the Ministry of Internal Affairs due to their greater universality and comparability.

The use of improved methods of cultivating land, agricultural implements and machines, the consumption of mineral fertilizers, the introduction of forage grass culture, increased demand for fruit planting material, the awakening of interest in improving various branches of livestock husbandry and other similar phenomena are already becoming widespread in many areas of Russia.

General characteristics of Agriculture of the Russian Empire

From “Explanatory
notes to the state control report on

estimates for 1910" (St. Petersburg, 1911. pp. 120-121).

Our agriculture in general, and especially on peasant lands, which occupy up to 75% of all agricultural land in European Russia alone, is carried out imperfectly. Poor cultivation of the land, insignificant distribution of improved agricultural implements, insufficient soil fertilization, exclusively grain farming, mostly based on a three-field system, are still characteristic features of farming not only among peasants, but also among many private farmers. Depending on this, the area under crops is poorly used in our country, the yield of field plants is low and inconsistent, cattle breeding is poorly organized, and the processing of agricultural products is insufficiently developed. Moreover, the yield on peasant lands, even in comparison with the low yields on landowners' economies, is lower on average by almost 20%*. In terms of agricultural productivity and culture, Russia, despite its natural wealth, is far behind other countries that have achieved significant success in this regard, due to the expenditure of large amounts of labor and capital on the cultivation of agricultural land and the use of improved tools and farming systems. According to one of the French statistical collections (Statistique Agricole de la France), the average yield of main grains, calculated for 8 countries (Germany, France, Great Britain, Belgium, the United States, Canada and Australia), is higher than the yield in Russia: for wheat - by 48.5%, rye - by 57.1%, barley - by 34.3%, oats - by 50.3% and potatoes - by 69%. This comparison will turn out to be even more unfavorable for Russia if we take some special crops and industrial plants and, in particular, animal husbandry.

Government measures to boost agriculture - land management, promoting the transition from communal orders to household and farm land ownership, dissemination of agricultural education, raising the technical level, land reclamation, preferential credit and encouragement of handicraft industry.

* The grain yield was higher on those landowners' lands that were cultivated at their own expense (approximately 10% of the total sown area). More than half of the arable land was rented out by landowners. The yields on these lands were lower than on peasant allotments.

From “Explanatory
notes to the state control report on
execution of state painting and financial
estimates for 1913." (Pg., 1914. P.234-247).

General activities on agriculture

From time immemorial, the well-being of the Russian people has been and continues to be based on agricultural production. Agricultural labor in Russia not only provides the food products the country needs, but also constitutes the primary occupation of more than 75% of its entire population. The annual productivity of this labor now exceeds 9 billion rubles; agricultural products are the main subject of our foreign export.

In recent years, there has been a noticeable development and improvement in our agriculture.

At the same time, the productivity of agricultural land also increases. Thus, the total grain harvest, which averaged 4555 million poods per year in 1908-1912, reached 5637 million poods in 1913, exceeding, in particular, the 1912 harvest by 565 million poods. .. This excess seems all the more favorable since the area under grain crops increased in 1913 by only 4.7% compared to 1912.

The tax collection from tithes for the indicated years was *:

			1908-1912
Winter wheat
Spring wheat
Winter rye
Spring rye
Oats
Spring barley

* It should be borne in mind that 1913 stood out for its particularly high harvest, and in the five-year period 1908-1912. 1908 and 1911 were marked by large deficiencies. - A.K.

The export of agricultural products abroad is also growing. Foreign sales, for example, of main grains reached 647.8 million poods in 1913. versus 548.4 million poods in 1912

In connection with the expansion and improvement of agriculture, the amount of assistance to it from both the Government and local public organizations is increasing.

Among the measures aimed at developing rural fishing and improving its general conditions, the first place in importance is occupied by measures to provide agronomic assistance to the population and the dissemination of agricultural education.

Allocations from the treasury for this matter increased in 1908-1912. from 5702 thousand rubles. up to 21880 thousand rubles. In 1913 they already reached 29,055 thousand rubles. .. Such an increase in loans for 1913 made it possible to significantly develop the most important of the mentioned measures this year, as can be seen from the following table:

	Expenses incurred in thousand rubles.
		more compared to 1912
Agricultural Education
Experimental and demonstration agricultural institutions
Agricultural equipment
General measures for the development and improvement of various sectors of agriculture
Measures of direct agronomic assistance in populated areas
Agronomic assistance in land management areas

Activities for these expenses were carried out by both government agencies and public organizations, mainly zemstvos, to which the agricultural department allocated funds for this in the form of benefits. In some cases, the issuance of such benefits exceeded 50% of the total expenditure... For their part, zemstvos and other local organizations spend significant amounts of their own money on the development of agronomic activities. Zemstvo expenses on this subject, increasing annually, reached 18,072 thousand rubles in the reporting year, exceeding the allocations of 1912 (15,043 thousand rubles) by 3,029 thousand rubles, and 1911 (11,399 thousand rubles) by 6673 thousand rubles.

The joint activities of the Government and public organizations to improve agriculture have already produced noticeable results. (Over 300 new agricultural educational institutions, more than 1000 courses have been opened; lectures are given, conversations are held on various issues of agriculture - in 20 thousand points, a system of experimental stations, fields, plots is organized in all provinces of European Russia; in the Caucasus and beyond the Urals there are more than 290; zemstvos introduced the institute of local agronomists; measures were taken to maintain and improve livestock husbandry, to distribute improved machines and tools, seeds, planting materials and fertilizers; measures were being taken to drain and irrigate lands, to combat ravines and sands, to organize farms and etc. The largest expenses in 1913 were made in Turkestan - for irrigation of the Hungry Steppe, 3099 thousand rubles, and in the Caucasus - for irrigation of the Mugan steppe, as well as in Tomsk province - for irrigation of the Barabinsk steppe).

Activities to promote livestock production. In terms of the number of agricultural livestock, Russia occupies one of the first places among the countries of Europe and America... However, the situation in domestic livestock farming does not seem entirely satisfactory. The total number of livestock for the three-year period 1911-1913. decreased from 188.6 million heads to 173.4 million heads. The supply of livestock to the rural population is decreasing. Thus, per 100 rural residents there were:


Horses
Cattle
Sheep goats
Pigs

The unfavorable situation in livestock farming is also reflected in foreign trade. Imports from abroad of live cattle and livestock products - lard and wool - have reached significant proportions and prevail over exports.

	Livestock
		exported	exported		exported
	thousand heads / for the amount of thousand rubles.			thousand poods / in the amount of thousand rubles.
1911
1912
1913

Considerable attention is paid to the development of dairy farming and especially butter production. Major successes have been achieved in this area of agriculture, as evidenced by the following data on the export trade in oil:

Oil exported	in 1902-1907	in 1907-1911
Oil exported	on average per year
thousand poods
for the amount (thousand rubles)

In order to further develop this business and train experienced managers, a special dairy farming institute was opened in Vologda.

Therefore, it is important to support local poultry farmers by promoting the organization and marketing of poultry products. The foreign export of these products, mainly eggs, constitutes a large item in our foreign trade:

Eggs exported	in 1902-1907	in 1907-1911
Eggs exported	on average per year
million pieces
for the amount (thousand rubles)

Introduction

Today, peasant farms make a significant contribution to supporting the country’s level of self-sufficiency in meat and dairy products. In 2016, according to Rosstat, they produced more than 12% of agricultural products. In 2013, this figure was 9.8%.

Despite active government support for small businesses, a number of problems that impede the development of peasant farms have still not been resolved; they, as a rule, are closely intertwined with historical events taking place in our country (of a political and economic nature).

The purpose of this study is to conduct a comparative analysis of the development of peasant farms in the country and the world, to identify the features of the functioning of farming in the Russian Federation. To achieve this goal, the following tasks are solved: studying regulatory documents and scientific publications related to the research problem, as well as the history of the development of peasant (farm) farming in the country and the world, identifying problems that hinder the development of these forms of management at the present stage.

The object of the study is peasant farms in the Russian Federation.

Material and research methods

During the research, methods of systemic and monographic analysis were used. The initial information for assessing the development of the object under study was the publications and works of domestic agricultural economists, researchers and scientists, and a set of statistical data on the development of peasant farming in the Russian Federation.

Results and discussion

Most authors identify six stages in the development of peasant farms. The first stage was the abolition of serfdom in 1861. Peasants received personal freedom and the right to purchase land. But most of them were unable to redeem their plots and ownership of the land remained with the landowner.

The second stage is the adoption of agrarian reform, initiated by P.A. Stolypin. He advocated the destruction of the community, as well as the transfer of land into private ownership of peasants.

The third stage is the period of collectivization. At the XV Congress of the All-Union Communist Party of Bolsheviks in December 1927, a decision was made on collectivization, the purpose of which was to unite small-scale farms into larger, highly productive public cooperatives.

The fourth stage in the development of agricultural activity in Russia was marked by the codification of land legislation, the goal of which was “to create a harmonious set of laws on land, understandable to every farmer.”

The fifth stage - in the mid-50s of the last century - the construction of communism contributed to a sharp reduction in personal subsidiary farming, which brought enormous economic damage to the country, depriving it of about 40% of agricultural production; in the social sphere, changes were reflected in the cultivation of hostility to farming in the younger generation Agriculture .

The sixth stage was marked by the adoption of the RSFSR Law “On Peasant (Farm) Economy” on November 22, 1990, which for the first time reflected the essence of peasant farming as an organizational and legal form.

Currently, all activities of farms, rights and obligations are regulated by Federal Law dated June 11, 2003 No. 74-FZ “On Peasant (Farm) Farming”.

Having studied the history of Russian agriculture, we come to the conclusion that peasant (farm) farms as a separate organizational and legal form appeared relatively recently. However, the political problems that arose at that time on the territory of the state for more than 10 years “pushed into the background” the problems of the agricultural sector, and therefore agricultural farms in our country in their development still lag significantly behind similar forms of management in developed countries .

The most agriculturally developed countries, where farming is the predominant form of production, are the Federal Republic of Germany and the United States of America.

The revolutionary events that began in 1847 in Germany served as the beginning for the development of capitalist and agrarian relations, but the process of purchasing land due to its high cost dragged on until the 80s. XIX century. This situation was typical for the eastern regions of the country, while peasant and farm enterprises developed in the north and southwest.

Agrarian crisis 1876-1895 provoked the transition of agriculture to an intensive path of development. The government of the country played a major role in this, whose policy was aimed at maintaining farmers' incomes. In 1880, a law was passed to support peasant farming. Farms were divided according to specialization: pig breeding, potatoes, sugar beets, livestock. At the same time, wheat, wool, and cotton began to be imported, and agricultural societies were created for mutual lending and the use of expensive agricultural equipment in the fields.

The process of industrialization of agriculture proceeded rather slowly, which was explained by the presence of small land plots among peasants or their absence at all, low purchasing power, high rent payments, and debts. The situation changed in the post-war period, the development of the agricultural sector began through the introduction and use of the latest technologies and equipment, thanks to which a sharp increase in production volumes and an increase in labor productivity was achieved. The livestock sector occupied a leading position compared to crop production, and investment policies contributed to the transition of agriculture to the category of capital-intensive sectors of the economy.

Currently, in Germany, most agriculture is represented by small family farms, which are located in Central and Southern Germany. Large enterprises are located in Schleswig-Holstein and in the east of Lower Saxony. In order to provide local residents with fruits, vegetables and meat and dairy products, appropriate production enterprises were formed around megacities. Regions of the country where there is an abundance of well-moistened pastures and meadows are mainly occupied by dairy and beef cattle breeding. In turn, the areas near the ports, through which relatively inexpensive feed is imported, are mostly occupied by pig farming; potatoes and beets are grown in these same areas. This distribution of livestock industries into zones makes it possible to produce the necessary products at the lowest cost, which in turn ensures their lower cost. Here, the mechanism for distributing subsidies, related to the territorial location of their recipient, deserves special attention: farmers in the north receive 2 times more money per hectare than farmers whose production is located in the south of the country, this is mainly due to the soil fertility of these territories.

Next, let's move on to consider the features of farming in the United States of America. The formation of farms in the United States is associated with the elimination of slave estates and the development of capitalism. At the end of the 18th – beginning of the 19th centuries. After the introduction of the Homestead Law on May 20, 1862, farmers received about one and a half million plots, which amounted to an average of 90 million hectares. land. At that time, farms, regardless of the area of land, as a form of organizing agricultural production, showed resilience, which influenced their further development. The economic efficiency of small forms of farming was determined by the following factors: the personal interest of farmers as a result of farming and the intensification of production, carried out through the use of new types of agricultural equipment, which make it possible to significantly speed up the process of production and processing of products.

So in the middle of the 19th century, to replace manual labor, Cyrus McCormick invented a reaper, which made it possible to speed up the process of mowing crops several times. And by the beginning of the 20th year, Chicago factories were already producing this car for export. Afterwards, mechanical seeders, mowers, potato diggers, tractors with internal combustion engines, grain harvesters and other equally necessary agricultural equipment began to appear on farms, and at the same time, the technology for storing and processing products improved.

An important place was occupied by experimental selection stations and laboratories that improved technologies for the production of agricultural products. And in specialized agricultural colleges they not only taught students, but also conducted various agricultural studies.

The large volume of investment in agricultural research already by the beginning of the 20th century predetermined its transition from an extensive path of development to an intensive and knowledge-intensive one.

Here we can highlight the following directions. Mechanization - increasingly complex mechanized agricultural equipment was created, starting with an iron plow and ending with a whole complex of machines for all types of agricultural work. Breeding - the creation of hybrid seeds in crop production and breeding work in the livestock sector - served to create specialized industries. Chemicalization solved the problems associated with maintaining and increasing soil fertility, which guaranteed a good harvest without the threat of pests. Biotechnology has led to the creation of higher quality and more productive products, but cheaper ones, whose production has a minimum negative impact on the environment. The development of information technology has provided agricultural producers with the necessary knowledge, and also opened up new opportunities to increase productivity and quality of work.

The majority (97%) of American farms are occupied by “family farms”, the so-called “gold reserve”, which helps replenish the agricultural “army” in the event of a food threat, both within the country and from foreign countries.

The interaction of the state, capable of providing the necessary support - on the one hand, and farmers, with practical knowledge of problems in the agricultural sector, on the other hand - made it possible to build a coherent system of production, processing and sale of agricultural products, by identifying priority areas in livestock and crop production, reasonable pricing policy, control over the quality of the manufactured product and, most importantly, through the development, implementation and active application of the results of scientific and technological progress.

Table 1. Comparative characteristics of peasant (farm) farms in the USA, Germany and Russia

Index
Index		Germany
Farm characteristics	A farm is considered an enterprise that annually produces marketable products worth more than one thousand dollars; family farms predominate in the country.	farming is represented by family farms, passed down by inheritance to those who have the skills necessary to farm independently or run an agricultural business.	A peasant farm is an association of citizens related by kinship and (or) property, having property in common ownership and jointly carrying out production and other economic activities (production, processing, storage, transportation and sale of agricultural products), based on their personal participation
Availability of additional labor	There is one hired worker for every 4 households.	up to 95% of farms do not have permanent hired workers.	up to 4 hired workers per farm.
The role of the state in the development of agriculture	government regulation of the agricultural sector always covers a wide range of areas and functions - from supporting the consumption of American food at home and abroad to the development of electrification in rural areas.	state assistance in the agricultural sector is presented in the form of government payments that are provided in connection with the production, processing and sale of agricultural products.	The agricultural development program provides for state support for the crop and livestock industries. At the same time, subsidies are being carried out for small businesses, the introduction of innovative technologies and developments, the modernization of production processes and the sustainable development of rural areas.
Ways to achieve economic growth	intensive path of development.	intensive path of development.	The extensive path of development predominates.
Farm size		from 10 to 50 hectares. .	about 80 hectares. .

Thus, having studied the history of the formation of farming in the USA and Germany, we came to the following conclusions: the state of both countries, starting from the origins of the formation of farming, took an active part and was interested in the development of the agricultural sector. Costs in the production of new technology, as well as investments in science, served as the foundation for the successful development of farming in the countries studied. At the same time, in Russia, these incentives were absent throughout the entire historical path of its development. In addition, until the middle of the 20th century, agricultural production was carried out in the community, which only hampered its development. As before, the predominant form of development in agriculture is the extensive path, which involves an increase in production volumes due to quantitative factors of economic growth: additional attraction of labor, expansion of sown areas, increased production of raw materials, etc. (Table 1).

conclusions

In our opinion, the further development of the country's peasant farms should take place along an intensive path, taking into account the advanced experience of foreign countries, using the latest achievements of science and technology in production to obtain an increase in production through more efficient use of cultivated land, equipment and fertilizers.

Theoretical foundations of the organization of peasant (farm) farming

History of the development of farms in Russia

According to some researchers, the first Russian farmers appeared in connection with the transformations associated with the Stolypin agrarian reform. During its implementation, peasant (farm) farms, which at that time covered over 80% of the country's population and were dominant in relation to other subjects of the agrarian sphere, naturally received the opportunity to develop a new way of “entrepreneur-farmers”, highlighting from them the most active part of the rural economy. population. At the same time, two decades later, as collectivization developed, the exact opposite process began in Russia. As a result, the farming system was destroyed and transformed into a state-cooperative system, which expressed the state's monopoly on the production, distribution, exchange and consumption of agricultural goods. As a result, the farming way of life was replaced by an artificial formation - the “collective-state farm” way of life, which acted as an organizational and legal form of management that did not have a civilized market basis.

In the absence of market economy institutions, the state-monopoly “economic order” could not ensure expanded reproduction, since it was constructed in the ideological sphere and supported by administrative methods of influencing agricultural subjects. A powerful impetus to future rural entrepreneurship was given by the decrees of the USSR Government in 1986-1990 to carry out experiments on the creation of contract and rental collectives in agriculture and the adoption of Laws on cooperatives and individual labor activity. These radical attempts changed the artificial system of relationships built by collectivization and stimulated the emergence of new forms of property in the 90s, contributing to their formation and further existence.

At the first stage (from 1989 to 1993), according to the entrepreneurs themselves, the most favorable conditions for the formation and development of business were observed. Some of the first farmers went through the school of contract and rental collectives and, at the beginning of market reforms, having accumulated start-up capital and mastered practical skills for independent work, they continued their business in new organizational and legal forms.

There are two groups of people who led the farmers' movement in the early 90s. The first group were ordinary machine operators who wanted to test their strength in the new economic conditions that had opened up.

The backbone of the second group are managers and specialists of collective farms who used their knowledge for a successful “farming” start. This group also included those managers and specialists who, as a sign of protest or as a result of a conflict with the closest management, left the collective farm and started their own business. .

The development of farming in the early 90s was undoubtedly facilitated by significant benefits and targeted government loans. Subsequently, the weakening and almost complete cessation of state support radically changed the situation. On the one hand, this turned out to be positive; random people, previously attracted by the opportunity to get rich, were eliminated, and on the other hand, the number of people wishing to become farmers decreased. Lately, farm organizing has increasingly been seen as just another misguided campaign.

If earlier, in the early 90s, a position on farming was formed, now it has been radically changed towards preserving large collective farms by any means and limiting the formation of farms. In this regard, the Stolypin agrarian reform attracts attention from domestic politics. P.A. Stolypin said: “It is necessary to remove the foundations that lie like stones on the peasantry, and give them the opportunity to choose for themselves the method of using the land that is most acceptable.”

Characteristics of peasant (farm) farms in the Republic of Kazakhstan. Modern land legislation on the ownership of peasant (farmer) farms on agricultural land. Judicial practice in land disputes.

Introduction

2.2 Objects of property rights of peasant (farm) farms
3. Ownership rights of peasant (farm) farms to agricultural land: problems and development prospects
3.1 Modern land legislation on the ownership of peasant (farm) farms on agricultural land
3.2 Judicial practice on land disputes between peasant (farmer) farms
Conclusion
Bibliography

Introduction

In the context of the transition to market relations, one of the urgent tasks of the Republic of Kazakhstan is the formation and implementation of a policy for sustainable development of agriculture and the creation of optimal conditions for the effective operation of all its sectors.

Being a vital sector of the economy, agriculture in Soviet times during the 80-90s formed up to 40% of the national income for the republic, and 30% of the country’s working population was employed in this industry 11Agrarian Law of the Republic of Kazakhstan / Edited by: Zhetpisbaeva B .A. : Textbook. - Almaty: Daneker, 2000.- P.3.

Currently, agriculture as a whole as an industry is in a deplorable state, although it still employs a significant part of the working population. In the East Kazakhstan region, the number of officially employed in agriculture in 1998 was 6% of the total number of employed 22 East Kazakhstan in figures, 1998. - Ust-Kamenogorsk: Department of Statistics of East Kazakhstan region, 1999.-P.6. Moreover, there is a tendency to strengthen and develop individual entrepreneurship in the form of running peasant (farm) farms. In the process of carrying out such activities, legal issues often arise, especially regarding the property rights of members of the economy, mainly due to the fact that the legislative framework lags significantly behind other areas of the economy, and, in addition, confusion arises in a large number of uncodified legal acts. And when resolving land disputes, disputes about the ownership of peasant (farm) property, even judges make mistakes when making decisions. Thus, the relevance of my chosen topic is obvious.

The purpose of my work is to study the legal status of peasant (farm) farms, and to consider the features of the legal regulation of the activities of peasant (farm) farms.

In order to clarify all the most significant issues related to my topic, I set the following tasks for myself.

Firstly, it is necessary to give a general concept of peasant (farm) farms, established in the legislation of the Republic of Kazakhstan. To solve this problem, it is important to analyze the main stages of development of peasant (farm) farms in Kazakhstan, to characterize the legal nature of peasant (farm) farms, to consider the procedure for creating and the grounds for termination of peasant (farm) farms, as well as their subject composition.

Secondly, to study the legal regulation of the institution of property of peasant (farmer) farms. Here, it is logical to consider the main objects, the grounds for the emergence and termination of the ownership rights of peasant (farm) farms.

Thirdly, the most pressing issue in the agricultural sector at the moment is the problem of introducing the institution of private ownership of agricultural land, therefore one of the tasks of my work is to study land ownership, existing problems in the field of these legal relations and possible ways to develop private ownership of land. land. In my opinion, to solve this problem I have to study modern land legislation on land ownership, and judicial practice on “land disputes”.

To achieve the goal of my work and complete the assigned tasks, I used the following general scientific methods: study, analysis and synthesis, comparison, juxtaposition, observation.

In the process of preparing materials for my thesis, I studied methodological, educational and scientific literature, judicial practice of resolving disputes involving peasants (farms), as well as the main legislative acts in this area: the Constitution of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan, the Law of the Republic Kazakhstan “On Peasant (Farm) Farms”, the Law of the Republic of Kazakhstan “On Individual Entrepreneurship” and a number of other regulatory legal acts, as well as monographs, articles published in legal publications, theoreticians and practitioners on the topic under study.

1. Concept and characteristics of peasant (farm) farms in the Republic of Kazakhstan

1.1 The main stages of development of legislation on peasant (farm) holdings in the Republic of Kazakhstan

Agriculture in the Republic of Kazakhstan has always been and remains a vital sector of the economy, on the successful development of which the well-being of the state and the standard of living of all Kazakhstanis largely depend.

Historically, it can be traced that the life of the Kazakh and other peoples living in Kazakhstan is closely connected with this sector of the economy, and the development of agricultural production in the history of the Kazakh people occupies one of the leading places in the sphere of their activity. Closely intertwined with the life and way of life of the population of Kazakhstan, agricultural production becomes an integral part of life and at all times generates the need for optimal legal regulation of agricultural relations. Quite successfully, this problem found its logical solution in pre-revolutionary Kazakhstan; moreover, in the period before the annexation of Kazakhstan to Russia, it found full legal regulation in the norms of Kazakh customary law, and subsequently in the laws of the khans Kasym, Yesim, Tauke and other nomadic rulers. The current law covered all spheres of activity of the Kazakh people, including those that arose on the basis of agricultural production. In modern science, there are two diametrically opposed points of view regarding the main problem of the peasantry - the “land question,” as historians called it - land ownership. One group of scientists claims: “The nomadic peoples had the same feudal society as the agricultural peoples and The defining basis of feudal relations among nomads was feudal ownership of land (pastures) as the main means of production."

Another group of scientists insists on the opposite: “In the conditions of the existence of nomadic cattle breeding, patriarchal-feudal relations are based on private ownership of livestock in the absence of feudal ownership of land.”

But the conclusions regarding nomadic pastoralists boil down to the following: “Members of the aul community had their own individual economy, based on private ownership of livestock, but were not owners of pastures, which led to their dependence on persons who monopolized ownership of the land.” Thus, the family represented is a separate peasant farm, and the community is a unique, historically formed and conditioned by natural and climatic conditions, way of agricultural cooperation.

After the annexation of Kazakhstan to Russia in 1734, the legal system, and indeed the life of the nomads themselves, slowly began to change. Social relations in various spheres of life of the Kazakhs began to be regulated in close connection with the legislation of the Russian Empire. The peasant reform of 1861 and the other bourgeois reforms that followed it in the 60s of the 19th century marked the entry of Russia, and with it Kazakhstan, into a new era. The new socio-economic system required a corresponding reform of land ownership. According to Stolypin's land reform, on November 9, 1868, the territory of Kazakhstan was declared the property of the Russian Empire. This was reflected in the fact that the Russian state gradually began to confiscate land from the indigenous inhabitants for the construction of military fortresses, redoubts, and posts, which were populated by the Cossack and military population. In addition, the confiscation of land began for settlers from densely populated provinces - land-poor peasants.

Subsequent reforms, from 1895 to 1915, increased the transfer of ownership of land to groups, in particular the right of common ownership of land to peasant communities. In 1907-1915, 2 million houses left the community, 470 householders received certificates of land plots. Kadyrbaev D. Land ownership in Kazakhstan: historical and modern aspects.// Themis, 2002.-No.5.-P.25-26.

After the October Revolution of 1917, the socio-political system changed, ideology changed, and fundamental changes took place in the life of the entire population of the country. Reforms in agriculture began with the Decree on Land of 1917. The decree abolished landlord ownership of land and transferred all lands to state ownership, which meant its actual nationalization. The principles of land use and land ownership changed: the right of private ownership of land was abolished, the sale, lease, and pledge of land plots were prohibited; all citizens received the right to use land provided they cultivate it with their own labor, family, or in a partnership without hired labor, where the main organizational and legal forms of management were partnerships for the public cultivation of land (TOZ); agricultural communes and agricultural artels. These were poorly developed forms of agriculture, both economically and technically. The stronger and wealthier farms were those belonging to the kulaks, bais and Cossacks. But from 1929 to 1935, complete collectivization took place throughout the country on the basis of which the kulaks and bais, as part of the peasantry, were eliminated and individual farming was actually destroyed. Thus, significant damage was caused to agriculture and, in general, to the economy of the entire country.

In the period from 1935 to 1956, collective farms became the main organizational and legal form of management, the legislative basis for which was the Model Collective Farm Charter, adopted at the 3rd All-Union Congress of Collective Farmers.

Subsequently, from 1956 to 1985, the state carried out significant reforms of agricultural enterprises, collective farms were partially liquidated, and later reorganized; state farms are taking first place with complete nationalization of ownership of all means of production. Along with the development of legislation on collective and state farms, the state is developing legislation on inter-farm cooperation and agro-industrial integration. So on May 28, 1976, the CPSU Central Committee adopted a resolution “On the further development of specialization and concentration of agricultural production on the basis of inter-farm cooperation and agro-industrial integration.” 4-volume short encyclopedia of the Kazakh SSR. T. 1 // Ch. ed.: Kaz. owls encycl. - Alma-ata, 1985.- P. 247 Also improving the legislation on personal subsidiary plots, the Resolution of the CPSU Central Committee and the Council of Ministers of September 14, 1977 “On additional measures to increase the production of agricultural products in private subsidiary plots of citizens” was adopted. The listed normative and legal acts improved the legal status of citizens' personal subsidiary plots and served as a conducive start for their development.

The period from 1985 to 1990 was perestroika, as they said then, and accordingly led to the first changes in agricultural legislation. They were the expansion of the rights of agricultural producers in conditions of openness and democracy, as well as taking a course towards creating a wide network of agricultural cooperatives and small enterprises.

On May 21, 1990, the Kazakh SSR Law “On Peasant Farms” was adopted, which marked the beginning of reforming the organizational and legal forms of management and determining the legal status of agricultural producers.

Modern legislation (1991-2003) is associated with new fundamental changes in the history of Kazakhstan. With the collapse of the USSR in December 1991 and with the acquisition of sovereignty and independence by the Republic of Kazakhstan, the main course of the state was the transition to a market economy, determined by programs of economic transformation, reforms of legislative and executive power, which necessitated the reconstruction of agriculture based on the formation of private property, development entrepreneurship, support for diverse forms of ownership and forms of agricultural production.

First of all, let's focus on changes in land legislation. Over the past 13 years, 3 basic laws regulating such public relations have changed: the Land Code of the Federal Republic of 1990, the Presidential Decree having the force of the Law “On Land”, and, finally, the Law of the Republic of Kazakhstan “On Land” of 2001.

The Land Code contained a rule recognizing exclusive state ownership of land and prohibiting unauthorized alienation: purchase and sale, donation, pledge, exchange of land plots. Later, two subsequent regulatory legal acts adopted radically changed the current situation. Modern legislation recognizes and equally protects state and private ownership of land. Owners of land plots have the right to make any transactions in relation to their plot that are not prohibited by the legislation of the Republic of Kazakhstan, in particular: sell at an agreed price, make a contribution to the authorized capital of a business partnership, pledge, donate or bequeath a land plot, hand it over for temporary use. use by another person.

The rights of citizens and legal entities established by law cannot be limited by acts of government bodies and local representative and executive bodies. Such acts have no legal force and are not enforceable (Clause 5, Article 5 of the Law “On Land”). Until 1995, nothing like this was observed in the previous legislation. A similar norm was enshrined only in 1995 in the Decree on Land. In my opinion, these are the most significant and radical changes that provided a legal basis for further changes in this area of public relations. But this was preceded by a complex process of land reform, the task of which was to transform land relations in the interests of creating legal, economic, social conditions for the effective functioning of various forms of management on land, ensuring the rational use and protection of land. On February 15, 1991, the Law of the Republic of Kazakhstan “ On the priority of development of aul, village, and agro-industrial complex in the Republic of Kazakhstan,” which defines the legal basis for ensuring the priority of development of aul, village and agro-industrial complex in order to improve the supply of food and agricultural raw materials to the population. Specifying certain provisions, the law establishes that the rural settlement network consists of auls, hamlets, hamlets, winter huts and other settlements of transhumance livestock farming and peasant farms, as well as towns and regional centers, the population of which is employed primarily in the areas of production, processing, storage and marketing products. The Republic of Kazakhstan protects the settlement network regardless of the category, size and location of settlements.

The main directions of land reform according to the Law “On Land Reform” of June 28, 1991 were determined:

creation of a special land fund for districts;

redistribution of land in cases of transformation of collective farms, denationalization and privatization of state farms and other agricultural and other enterprises;

establishing and clarifying the boundaries of rural settlements and their land structure;

registration and re-registration of documents for the right of ownership and right to use land plots.

Until 1991, almost all agricultural land was assigned to collective farms, state farms and other agricultural enterprises. Due to the lack of free land, there was an urgent need to provide citizens with land plots for farming, personal farming, etc. At the same time, collective and state farms used the land provided to them irrationally and efficiently. Therefore, it was necessary to legislatively determine the mechanism for the seizure of land from poorly performing collective and state farms and their transfer to a special land fund. During the period from 1991 to 1996, about 1.5 million hectares of arable land were enrolled in a special land fund. Land law of the Republic of Kazakhstan./ Ed.: Arkhipova I.G. - Almaty: Borki, 1997.-P. 139 First of all, they were transferred to citizens for running peasant and personal subsidiary plots, gardening and vegetable gardening. Part of the lands from the special fund was transferred to the jurisdiction of city executive bodies to provide land plots for city residents who expressed a desire to engage in gardening, dacha construction and other types of agricultural production.

In the process of free voluntary choice of forms of farming on land, as of January 1, 1996, more than 31 thousand peasant farms and more than 3 thousand agricultural cooperatives were formed in Kazakhstan. Land law of the Republic of Kazakhstan./ Ed.: Arkhipova I.G. - Almaty: Borki, 1997.-P. 140

However, the absolutization of the property aspects of land relations without taking into account the peculiarities of its participation in economic circulation as a natural object, which also performs a life-supporting function, led at the initial stage of land reform to a deviation from its main goals - an organic connection in the person of the peasant worker and land user, the formation of a his feelings of a caring owner of the land Kosanov Zh. Land legislation of sovereign Kazakhstan: Stages of formation, development trends. // Themis, 2002.-№3.-P.31.

As a result of the legislatively proclaimed freedom of civil transactions with land shares, their value as a property right occurred, and the land share shared the fate of privatization coupons. This was largely facilitated by the massive reorganization of collective farms and small enterprises created on the basis of collective and state farms, which were the most optimal organizational and legal forms of management during this period. After the adoption at the end of 1994 of the new Civil Code, which did not contain such organizational and legal forms, they were forced to undergo re-registration. During this company, there was a violation of the continuity of the previous and new organizational and legal forms of privatized enterprises. It would be logical and socially painless to transform collective farms into production cooperatives. What both of these forms have in common is that they are based on the combination of labor and capital. Despite this, the vast majority of collective enterprises have been converted into limited liability partnerships, which are based only on the pooling of capital. There were no rules in land legislation regulating the legal regime of land shares in relation to them, and civil legislation did not make any distinction between a land share and a property share. At the same time, as a rule, members of collective farms were not included in the founders.

Thus, in large business partnerships, joint-stock companies, private enterprises created on the basis of civil transactions with property shares and land shares, 75% of agricultural land was concentrated, which led to the formation of large land latifundia, the alienation of a huge number of rural workers from land-Kosanov Zh. Land legislation of sovereign Kazakhstan: Stages of formation, development trends.// Themis, 2002.-No.3.-P.32.

Apparently for this reason, the pace of reform over the five years was considered unsatisfactory. Therefore, it was necessary to adopt Decree of the Government of the Republic of Kazakhstan dated June 6, 1996 No. 709 “On measures to accelerate land reform,” in which special attention was paid to accelerating work on personifying land shares: issuing certificates of title to all citizens entitled to a share. As a result of this, 13.3 thousand peasant farms, 1240 agricultural cooperatives, partnerships and other non-state agricultural organizations were created in the republic in 1996 alone.Land Law of the Republic of Kazakhstan / Edited by: Arkhipov I.G. - Almaty: Borki, 1997 .- P. 140

The final stage of the land reform was the re-issuance of documents for the right to use land plots, i.e. replacement of all land users and landowners with previous state acts on the right to use land, executed on the forms of the USSR, with new forms of documents of sovereign Kazakhstan.

In 1997, the Law “On Individual Entrepreneurship” and on March 31, 1998 the Law “On Peasant (Farm) Economy” were adopted. These regulatory legal acts strengthened already existing social relations and determined the legal, organizational and economic foundations for the functioning of peasant farms and their associations , and also ensured and consolidated freedom of entrepreneurial activity and a system of state guarantees for such activities.

The final stage was the adoption of the Law of the Republic of Kazakhstan “On Land” dated January 24, 2001, which finally consolidated existing land relations, and also created a legal basis for further changes and speedy reform of public relations in the field of agriculture, and, first of all, decisions the most important peasant question - the question of private ownership of agricultural land.

To summarize, I would like to note that the first peasant (farm) farms on the territory of Kazakhstan appeared in the 19th century, when Kazakhstan was part of the Russian Empire and was under its jurisdiction. Peasant (farm) farms received further development in the post-revolutionary period, but already during the period of so-called collectivization, the majority of peasant (farm) farms were destroyed by the state.

During the time of the USSR, a similarity to peasant (farm) farms was the collective farm yard (collective farmer's family) - a family-labor association of persons, all or part of the able-bodied members of which are members of the collective farm, receive the main income from the public economy and conduct personal subsidiary farming on a personal plot provided for use by the yard section Legal encyclopedic dictionary./ Under. ed. Sukhareva A.Ya.-M.: Soviet Encyclopedia, 1984.-P.142. According to Article 7 of the USSR Constitution of 1936, the collective farm yard was the subject of the right to conduct personal subsidiary plots of collective farmers (ownership, use, disposal of property belonging to the collective farm yard, with the consent of all members of the collective farm yard). In the Model Collective Farm Charter of 1969, the subject of the right to personal subsidiary plots is the family of the collective farmer (collective farm yard); Article 13 of the 1977 Constitution of the USSR states that household items, personal consumption, convenience and subsidiary household items, a residential building and labor savings may be in the personal property of citizens.

A subsidiary private farm is a small personal plot in the USSR that serves as an additional source of satisfying the material and peasant needs of the families of collective farmers, workers and employees of agricultural enterprises, as well as citizens working or living in rural areas. Legal encyclopedic dictionary./ Under. ed. Sukhareva A.Ya.-M.: Soviet Encyclopedia, 1984.-P.257.

A personal plot is an individual form of land use for citizens in the USSR. It was provided to the families of collective farmers (collective farm households), as well as workers and employees living in rural areas. Legal encyclopedic dictionary./ Under. ed. Sukhareva A.Ya.-M.: Soviet Encyclopedia, 1984.-P.299.

At the end of the 80s of the twentieth century, the first peasant (farm) farms began to appear again. Peasant (farm) farms received official recognition only in 1990, which is associated with the publication of the Law of the Kazakh SSR “On Peasant Farms” dated May 21, 1990. This law lost force due to the publication of the Law of the Republic of Kazakhstan “On the invalidation of certain legislative acts of the Republic of Kazakhstan on issues of peasant farming” dated March 31, 1998. Along with this, on the same day a new Law of the Republic of Kazakhstan was issued regulating the legal status peasant (farm) holdings, Law of the Republic of Kazakhstan “On peasant (farming) holdings”.

1.2 Legal nature of peasant (farm) farms, the procedure for creation and grounds for termination of peasant (farm) farms

In accordance with Article 1 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Economy”, a peasant (farm) enterprise is recognized as a family-labor association of persons in which the implementation of individual entrepreneurship is inextricably linked with the use of agricultural land for the production of agricultural products, as well as with processing and marketing of this product.

As can be seen from the definition given by the legislator, there is a significant difference between peasant and farm farming, since the word “farm” follows the word “peasant” in brackets, which implies that these words are synonyms. Moreover, nowhere in the legislation are there different interpretations of these words. However, as practice shows, a peasant farm can be created in the form of a farm, which is based on personal entrepreneurship, or in the form of a simple partnership Podorvanova G. Features of the alienation of agricultural land and rights to land shares. // Notary Bulletin, 2002.-No. 3.-P.10.

Here it is necessary to pay attention to the fact that, firstly, peasant and farm enterprises are different organizational and legal forms, and, secondly, the regime of property rights of members of such enterprises has significant differences. Davletova D. Land and Law: Current Issues, arising during registration of rights.// Themis, 2002.-No.8.-P.22.

In a peasant farm, property is recognized as the common joint property of the participants, unless otherwise established by agreement. In a farm based on personal entrepreneurship, property is recognized as the separate property of its participants. And finally, in a farm organized in the form of a simple partnership, property belongs to the participants only on the right of shared ownership.

For quite a long time, the question of whether a peasant (farm) enterprise is a legal entity or not remained controversial. Agrarian law of the Republic of Kazakhstan / ed.: Zhetpisbaeva B.A.: Textbook. - Almaty: Daneker, 2000.- P.185

In accordance with Article 33 of the Civil Code of the Republic of Kazakhstan, a legal entity is recognized as an organization that has separate property under the right of ownership, economic management or operational management and is liable with its property for its obligations, can, in its own name, acquire and exercise property and personal non-property rights and obligations, be a plaintiff and defendant in court. A legal entity must have an independent balance sheet and budget. A legal entity has a seal with its name. Based on the above, many authors believed that these signs are also characteristic of peasant (farm) farms, which gave rise to a lot of misunderstandings and incidents about the degree of responsibility of the property of peasant (farm) farms for transactions and offenses of individual members of peasant (farm) farms. These views were built on the basis of the Law of the Republic of Kazakhstan “On Peasant Farming” dated May 21, 1990, in which no specific answer was given as to which category of persons peasant farms should be classified as.

Article 1 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Economy” of 1998 specifically states that the subjects of a peasant (farm) economy are individuals engaged in entrepreneurial activities without forming a legal entity and in the absence of signs of a legal entity.

The main feature that distinguishes a peasant economy from other organizational and legal forms is that the peasant economy is based on family and labor ties, and also that its activities are based on joint ownership of the means of production.

In accordance with paragraph 3 of Article 1 of the Law “On Peasant (Farm) Economy”, a peasant farm can take the following forms:

a peasant farm in which entrepreneurial activity is carried out in the form of family entrepreneurship based on the basis of common joint property;

farming based on personal entrepreneurship;

a farm organized in the form of a simple partnership.

Depending on the chosen form of management, a peasant farm, presented as a subject of legal relations, has a number of specific features. Agrarian law of the Republic of Kazakhstan / Ed.: Zhetpisbaeva B.A.: Textbook. - Almaty: Daneker, 2000.- P.177:

firstly, such an economy acts as a single-subject formation, that is, as a bearer of certain rights and obligations;

secondly, peasant farms are presented as the sum of three components on which the activities of the farm are based: a property complex, a land plot and citizens, united by a single idea - the implementation of agriculture;

thirdly, the farm is a subject of entrepreneurial activity and in this regard has the right to exercise certain rights and obligations established by law for entrepreneurs.

In accordance with Article 2 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Economy,” a peasant (farm) enterprise is created on a voluntary basis and is considered created from the moment of state registration of land use rights. Thus, the process of creating a peasant (farm) enterprise is the following procedure:

firstly, on the basis of materials submitted by citizens, reflecting their desire to create a peasant (farm) enterprise, the head of the district administration on the basis of the conclusion of a commission created by local executive bodies from among the deputies of the local representative body, representatives of territorial bodies for land management, architecture and urban planning and local government bodies, makes a decision on the provision of a plot of land to the newly created peasant (farm) enterprise. According to Article 34 of the Law of the Republic of Kazakhstan “On Land” of 2001, the application for the provision of a land plot must indicate: the purpose of using the land plot, its intended size, location, the requested right of use, the presence or absence of another land plot. The application is considered within up to three months from the date of its receipt, the decision is brought to the attention of the applicant within seven days from the date of its adoption by handing him a copy. The refusal to provide a land plot can be appealed in court;

secondly, the head of the district administration decides on the feasibility of creating a farm, its necessity, determines the size of the land plot, which, according to Article 35 of the Law of the Republic of Kazakhstan “On Land”, cannot exceed 15 average district land shares for each member of the farm, approves the charter of the farm, its composition, as well as its chapter;

thirdly, from January 1, 2003, in the name of the head of the peasant farm, in accordance with Articles 34, 80, 123, 124 of the Law of the Republic of Kazakhstan “On Land”, a lease agreement is concluded for a maximum period (up to 49 years), he becomes the primary temporary long-term land user and is carried out allotment of a land plot in kind.Previously created peasant (farm) enterprises must, within 2 years from the date of entry into force of this law, re-register the title documents for the land plot;

fourthly, the created peasant (farm) enterprise is registered with specially authorized bodies.

Refusal to register a peasant (farm) enterprise, due to various motivations, can be appealed in court.

The conditions and procedure for terminating the activities of a peasant (farm) enterprise are legislatively reflected in Article 20 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Economy”. To terminate the activities of a peasant (farm) enterprise, at least one of the following conditions must be present:

if there is not a single member of the farm, heir or other person who wants to continue the activities of the farm;

in case of bankruptcy of a peasant (farm) enterprise;

in case of termination of the land use right of the farm;

by agreement of the participants of the peasant (farm) enterprise;

in other cases not prohibited by law.

According to Article 1082 of the Civil Code of the Republic of Kazakhstan, in the event of the death of a member of a peasant (farm) enterprise, the inheritance is opened according to the general rules. Article 1083 states that if there are no heirs either by will or by law, or none of the heirs has the right to inherit (Article 1045 of the Civil Code of the Republic of Kazakhstan), or all of them refused the inheritance (Article 1074 of the Civil Code of the Republic of Kazakhstan), the inheritance is considered escheat. It becomes communal property at the place where the inheritance is opened. An inheritance is recognized as escheated by the court on the basis of an application from the local executive body after one year from the date of opening of the inheritance.

In accordance with Article 2, paragraph 2 of the Law of the Republic of Kazakhstan “On Bankruptcy” dated January 21, 1997, bankruptcy of individual entrepreneurs, including peasant (farm) farms, is regulated by Article 21 of the Civil Code of the Republic of Kazakhstan (General Part) and legislative acts.

In accordance with Article 52 of the Civil Code of the Republic of Kazakhstan, bankruptcy means the insolvency of a debtor recognized by a court decision or officially declared out of court on the basis of an agreement with creditors, which is the basis for its liquidation.

The insolvency of a peasant (farm) enterprise is understood as the inability of a peasant (farm) enterprise to satisfy the demands of creditors for monetary obligations, to make payments for wages, both for members of the peasant (farm) enterprise, and with persons working in the peasant (farm) enterprise under an employment contract , as well as ensure mandatory payments to the budget and extra-budgetary funds at the expense of the property owned by him.

A peasant (farm) enterprise is considered insolvent if it has not fulfilled its obligation within three months from the date of its fulfillment.

In accordance with Article 21 of the Civil Code of the Republic of Kazakhstan, the bankruptcy of a peasant (farm) enterprise is recognized voluntarily or compulsorily. From the moment a peasant (farm) enterprise is declared bankrupt, its registration as a peasant (farm) enterprise loses its legal force.

When applying bankruptcy to a peasant (farm) enterprise, its creditors for obligations not related to entrepreneurial activity also have the right to present their claims if the deadline for fulfillment of such obligations has arrived. The claims of these creditors that were not declared by them in this manner, as well as claims that were not satisfied in full from the bankruptcy estate, remain valid and can be brought for collection after the completion of bankruptcy procedures to the debtor as an individual. The amount of these claims is reduced by the amount of satisfaction received during the bankruptcy process of the debtor.

Satisfaction of the claims of creditors of a peasant (farm) enterprise, if it is declared bankrupt, is carried out at the expense of the property owned by it in the following order:

First of all, claims for the collection of alimony, as well as claims for compensation for harm caused to life and health, are satisfied;

in the second place, the claims of creditors secured by a pledge of property belonging to a peasant (farm) enterprise are satisfied, within the limits of the security amount;

in the third place, debts on obligatory payments to the budget and extra-budgetary funds are repaid;

fourthly, wage calculations are made;

fifthly, settlements with other creditors are made in accordance with legislative acts.

After completing settlements with creditors, a peasant (farm) enterprise declared bankrupt is released from fulfilling the remaining obligations related to entrepreneurial activity, except for the claims of citizens to whom it is liable for causing harm to life or health, as well as other personal requirements provided for by law. acts of the Republic of Kazakhstan.

The responsibilities of a peasant (farm) enterprise regarding the use of land are established by Article 11 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Economy”, namely:

use the provided land in accordance with its intended purpose;

prevent a decrease in soil fertility;

apply environmental protection technologies for the production of agricultural products and implement a set of measures to protect land;

prevent deterioration of the environmental situation as a result of its activities;

be guided when carrying out construction on a land plot by the current architectural, planning, construction, environmental, sanitary and hygienic and other special requirements (norms, rules, regulations);

not violate the rights of other land users and land owners;

ensure the provision of easements in the manner prescribed by law.

As a measure of liability for non-compliance with the rules of rational use and protection of land and for other offenses, land legislation provides for special sanctions - in the form of forced termination of the right to land. The procedure for terminating the land use rights of peasant (farm) farms is regulated by Article 12 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Farming” and Article 67 of the Law of the Republic of Kazakhstan “On Land”. These regulations indicate that land use rights are terminated on the following grounds:

alienation of a land plot by the owner or land use rights by a land user to other persons;

refusal of the owner of property rights or land use rights;

loss of ownership of a land plot or land use rights in other cases provided for by legislative acts.

Confiscation of a land plot from the owner and land use rights from the land user is not permitted, except in the following cases:

foreclosure on a land plot or land use right under the obligations of the owner or land user;

seizure (redemption) from a private owner or land user for government needs;

confiscation from a land user of a land plot not used for its intended purpose or used in violation of the law;

withdrawal from the owner or land user of a land plot that has been subjected to radioactive contamination, with the provision of an equivalent land plot;

confiscation.

In addition to these cases, land use rights may be terminated on the following grounds:

expiration of the period for which the site was provided;

early termination of a land lease agreement or a temporary gratuitous land use agreement, except for cases where the land plot is pledged;

termination of labor relations in connection with which the land user was granted a service land plot.

In all cases of termination of the activities of a peasant (farm) enterprise, the division of common property between the participants in joint ownership, as well as the allocation of the share of one of them, can be carried out subject to the preliminary determination of the share of each of the participants in the right to the common property. The decision to terminate the activities of a peasant (farm) enterprise is made by its participants, the local administration, and in cases of bankruptcy - by the court. Property, land and other disputes arising in this case are resolved in court.

To summarize the above, we can formulate the following definitions: “A peasant (farm) enterprise is a family-labor association of persons whose activities are carried out primarily through personal labor participation in the process of agricultural production and on joint ownership of the means of production, which is privately owned or leased. “.

1.3 Subject composition of peasant (farm) households

Members of a peasant (farm) household are spouses and their children, adopted children, parents and other close relatives who jointly manage the farm (Clause 1, Article 1 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Farming”).

Since peasant farms are often family associations of people with professional skills in agriculture and special knowledge. In order to be a subject of civil legal relations, they must have general legal personality, that is, be lawful and capable. This provision stems from the fact that the right to become a member of a peasant farm is an integral part of the general legal status of a citizen of the Republic of Kazakhstan, and the main distinguishing feature of this status is the economic and legal freedoms of citizens for entrepreneurial activity.

It is important here that minor children of members of a peasant (farm) household, as well as older persons - pensioners, in accordance with the Law of the Republic of Kazakhstan “On Marriage and Family” are the owners of the property of the peasant (farm) household, and, therefore, are also recognized members of the peasant farm and, accordingly, bear certain rights and obligations.

The head of the peasant household enjoys a special legal status in comparison with other members of the peasant (farm) household. According to paragraph 4 of Article 1 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Economy”, the head of a peasant (farm) enterprise can be any capable citizen of the Republic of Kazakhstan who has reached 18 years of age. The age can be reduced in accordance with the legislation for a period of no more than two years (p .2 Article 17 and Article 10 of the Law of the Republic of Kazakhstan “On Marriage and Family”) In this case, marriage is mandatory, which is permitted only with the consent of parents or guardians.

In accordance with the existing legislation of the Republic of Kazakhstan, the head of a peasant (farm) enterprise cannot be persons holding leadership positions in government bodies and authorities. Agrarian law of the Republic of Kazakhstan / Edited by: Zhetpisbaeva B.A.: Textbook. - Almaty: Daneker, 2000- C 170

The head of a peasant (farm) enterprise represents its interests in relations with organizations, citizens and government bodies and carries out civil transactions not prohibited by law.

In case of illness or prolonged absence, the head of the household may authorize one of the members to perform his functions.

In the event of a change in the head of the farm, its members notify the authorities that registered the farm with a general statement. The lease agreement for the land plot is renegotiated with the successor in accordance with land legislation.

In addition, a particularly important point for members of a peasant (farm) enterprise is that it is recognized as an equal production unit of agriculture in the Republic of Kazakhstan and independently determines the directions of its activities, structure and volumes of production, grows, processes and sells products, and also resolves issues related to farming (Article 3 of the Law of the Republic of Kazakhstan “On Peasant (Farming) Farming”).

By decision of the participants, peasant (farm) farms can unite on a voluntary basis into cooperatives, societies and other associations, and participate in the activities of other organizations. In addition, a peasant (farm) enterprise has the right to withdraw from any organization at its own discretion (Article 19 of the Law of the Republic of Kazakhstan “On Peasant (Farm) Economy”).

A peasant (farm) enterprise is considered created from the moment the land lease agreement is concluded; one copy is issued to the head of the farm.

2. Ownership rights of peasant (farm) farms

2.1 The emergence and termination of property rights of peasant (farmer) farms

The emergence of property rights is associated with the occurrence of certain legal facts, called the grounds for acquiring property rights, a non-exhaustive list of which is contained in Chapter 13 of the Civil Code of the Republic of Kazakhstan.

The grounds for acquiring property rights in modern civil law literature are also called methods of Civil Law. / Edited by: A.G. Kalkina, A.I. Maslyaeva. Part one: Textbook. - M.: Yurist, 2000.- P.226.

For the emergence of property rights, a set of factual and legal actions is required. Thus, the transfer of a thing in itself does not give rise to ownership (for example: rent, pledge, etc.). It arises only if the transfer of a thing is based on a legal fact with which the law connects its occurrence.

In the theory of civil law, a distinction is made between primary and derivative methods of acquiring property rights; the meaning of this division is to establish the scope of the rights and obligations of the new owner. With the original methods, the scope of the acquirer's powers is established by law, and with derivatives - by the scope of the previous owner.

Before proceeding to specific types of grounds for acquiring ownership rights, I would like to draw attention to the fact that the property of a peasant (farm) enterprise belongs to its members on the right of common joint or common shared ownership (Clause 1 of Article 4 of the Law of the Republic of Kazakhstan “On Peasant (Farm) ) farm“).

Property owned by two or more persons belongs to them under the right of common ownership (Clause 1 of Article 209 of the Civil Code of the Republic of Kazakhstan).

Common ownership arises, first of all, for property that cannot be divided without changing its purpose. Or the inadmissibility of partition may be established directly by law. Thus, the means of production belonging to the economy are not subject to division when its members leave (Clause 2 of Article 225 of the Civil Code of the Republic of Kazakhstan).

In common shared ownership, each of the participants owns a share in the right to the common object. The shares may or may not be equal. If they are not directly established by law, and since the agreement between them does not provide otherwise, the legislator recognizes the shares as equal (Article 210 of the Civil Code of the Republic of Kazakhstan). At the same time, the size of the share does not affect the exercise of ownership rights: all issues are resolved together by common agreement.

In common joint ownership, the shares of the participants are not determined; this right is non-shared. The shares of participants are established only when deciding on the separation from it or division of common property. Common joint property exists in the form of:

1) common property of spouses;

2) common property of a peasant (farm) enterprise;

3) common ownership of privatized housing (Article 219 of the Civil Code of the Republic of Kazakhstan).

The entities specified in the law can switch to the regime of common shared ownership at any time if they have their consent.

A very important condition for the emergence of common joint property is the existence of personal trust relationships between citizens, based, as a rule, on family and marital relations.

The following legal facts may be the initial grounds for acquiring ownership rights by a peasant (farm) enterprise:

creating a common thing or processing it together.

In this case, the general rule applies: the ownership of a new thing belongs to the person who manufactured or created it, unless otherwise provided by an agreement (for example, a work contract) or legislation (for example, an unauthorized building is subject to demolition, at the expense of the person who carried out such construction, if the court does not recognize otherwise).

Processing (specification) is traditionally understood as the processing of someone else's material in order to obtain a new thing from it. Roman law (Concept, terms, definitions) / Bartoshek M.-M., 1989.-P.299. In agriculture, this concept occurs every day and in almost all its branches. Considering that in a peasant (farm) economy, the implementation of individual entrepreneurship is inextricably linked with the use of agricultural land, most of which he is not the owner of, for the production of agricultural products, as well as with the processing and marketing of these products (clause 1 of article 1 Law of the Republic of Kazakhstan “On Peasant (Farm) Farming”), we can conclude that the named basis is the most common way of acquiring property rights. This applies to the greatest extent to such objects of property rights as fruits, products and income.

Due to acquisitive prescription in case of joint ownership of a thing (Article 240 of the Civil Code of the Republic of Kazakhstan).

Acquisitive prescription is a relatively new institution in modern civil law of the Republic of Kazakhstan. On this basis, in order to acquire ownership rights, the owner must be illegal Roman law (Concept, terms, definitions) / Bartoshek M.-M., 1989.-P.299. That is, the acquirer did not know and could not know about the illegality of his possession, or he knew, but did not violate the norms of criminal law, that is, did not commit a crime (for example, Article 183 of the Criminal Code of the Republic of Kazakhstan “Acquisition or sale of property knowingly obtained by criminal means “).

Possession must be open and continuous for the statutory periods. The Civil Code of the Republic of Kazakhstan establishes the following terms: 15 years - for real estate; 5 years - for movable; for stray animals: within 6 months from the date of application for detention of workers and cattle and 2 months for other domestic animals.

What is Peasant Farming?

Peasant farms (peasant farms)- is not news at all for Russia. As a type of entrepreneurial activity, they appeared back in the late 80s in that country that we can only dream about now - the USSR.

But only 14 years later, already in Russia, Law No. 74-F3 was issued under the title “Federal Law on Peasant (Farming) Economy.” The Duma adopted the law on May 23, 2003, the Federation Council approved it 5 days later, and the president signed it another 2 weeks later on June 11.

The law defines all the legal, economic and social foundations for the creation and activities of peasant (farm) farms. He becomes the guarantor of the right of citizens to this type of independent activity.

The law consists of 23 points, divided into 9 chapters.

Law on Peasant Farming (PF) - main points

The first chapter defines the general provisions of the law and the type of activity it enshrines on earth. The most important thing is that it precisely defines what a farm is, and we advise everyone interested in peasant farming to very carefully understand this provision, which we present verbatim (hereinafter, all excerpts from the law are given unchanged and highlighted in font):

“A peasant (farm) enterprise (hereinafter also referred to as a farm) is an association of citizens related by kinship and (or) property, having property in common ownership and jointly carrying out production and other economic activities (production, processing, storage, transportation and sale of agricultural products). products) based on their personal participation.”

Please note that the law includes the activities of peasant farms not only in the production and sale, but also in the storage and transportation of agricultural products, which is fundamentally important, given the shortcomings of the laws under which peasant farms have operated until now.

A business is created by a group of persons or a single person, without formation or with the formation of a legal entity. The last case is determined by Article 86.1 of the 4th chapter of the Civil Code of Russia, which is called “Peasant (farm) farming”. Here are all 5 points of this article:

"1. Citizens conducting joint activities in the field of agriculture without forming a legal entity on the basis of an agreement on the creation of a peasant (farm) enterprise (Article 23 [meaning 74-F3]) have the right to create a legal entity - a peasant (farm) enterprise.
A peasant (farm) enterprise, created in accordance with this article as a legal entity, is recognized as a voluntary association of citizens on the basis of membership for joint production or other economic activities in the field of agriculture, based on their personal participation and the association of property members of the peasant (farm) enterprise deposits.
2. The property of a peasant (farm) enterprise belongs to him by right of ownership.
3. A citizen can be a member of only one peasant (farm) enterprise created as a legal entity.
4. When foreclosure is filed by creditors of a peasant (farm) farm on a land plot owned by the farm, the land plot is subject to sale at public auction in favor of a person who, in accordance with the law, has the right to continue using the land plot for its intended purpose.
Members of a peasant (farm) enterprise created as a legal entity bear subsidiary liability for the obligations of the peasant (farm) enterprise.
5. Features of the legal status of a peasant (farm) enterprise created as a legal entity are determined by law.”

We draw your attention to key excerpts from the law on peasant farms:

The unification of citizens must occur strictly on the principles of voluntariness;
. Each member of the farm is expected to personally participate in its activities;
. A citizen has the right to be a member of only one peasant farm with the status of a legal entity;
. In the event of debt collection from a farm, the sale of its property must be carried out at public auction.
. All members of the household are responsible for each other - if one cannot fulfill his obligations, others are obliged to do so. This is the concept of subsidiary liability (from Latin - “auxiliary”, “additional”).

If a peasant farm operates without forming a legal entity, then its activities are regulated by the civil code and law No. 74-F3.

In particular:

State authorities should facilitate the formation of the associations in question, and in the future support their work in every possible way, providing access to resources, primarily financial.
. Any government intervention in the activities of peasant farms is strictly prohibited, unless, of course, this activity smacks of outright criminality.

Registration of a peasant farm

The procedure for creating a peasant farm

A very important chapter of the law is Chapter 2, which determines the procedure for creating a farm.

Firstly, any resident has the right to create a farm on the territory of Russia:

Citizen of the country;
. Foreigner, or
. A stateless person.

Relatives of the founder may be accepted as members of the peasant farm in the future, but

From no more than 3 families, and,
. Upon reaching the age of 16.

Peasant farms may include persons who are not related to the head of the household, but their number should not exceed 5 people.

If the farm is created by one person, then there is no need to draw up an agreement, otherwise an agreement between the organizers will be required, which must include the following information:

“1) about members of the farm;
2) on the recognition of one of the members of this farm as the head of the farm, the powers of the head of the farm in accordance with Article 17 of this Federal Law and the procedure for managing the farm;
3) about the rights and obligations of members of the farm;
4) on the procedure for the formation of farm property, the procedure for ownership, use, and disposal of this property;
5) on the procedure for becoming a member of a farm and the procedure for leaving a member of a farm;
6) on the procedure for distributing fruits, products and income received from the activities of the farm.”

Already the list of required information clearly indicates that the creation of a document requires extreme precision and discipline, both organizational and legal. Therefore, we strongly recommend that the preparation of this document be carried out under the strict supervision of a qualified lawyer who is familiar with the specifics of the organization being created.

It is the lawyer who will not forget to remind all participants in the future organization that:

The agreement must be accompanied by copies of documents confirming the relationship of members of the organization, if any;
. The agreement must be signed by all members of the organization in person (let’s not forget about such a thing as a “graphological examination”, which will not allow any forgery of signatures);
. The document being created does not limit the creative initiative of its signatories - any other provisions relating to the activities of the farm can be included in the document, as long as they do not conflict with the laws of the country.
. It is necessary already in the very first version of the agreement to provide for possible changes regarding the composition of the members of the farm.

The last article (5th) of the 2nd, organizational, chapter of Law 74-F3 briefly requires state registration of the organization being created. It is from the moment of state registration that a peasant farm is recognized as officially established. Please note that the law does not determine the procedure for registration with government bodies.

Differences between peasant farms and private subsidiary plots (personal subsidiary plots)

Peasant farm property

Chapter 3 of the law, which defines the property of members of peasant farms, is fundamentally important. The practice of almost 30 years of experience in the functioning of such farms shows that, in the end, it is property that is the basis of all relationships in the team. There is no need to be surprised here - the material takes its toll, especially such as:

Land,
. all kinds of buildings and structures (in other words, real estate),
. reclamation structures and structures for other industrial operations;

and, of course:

All livestock and poultry
. machinery and equipment,
. vehicles,
. inventory and any other equipment necessary for carrying out farming activities;

and also, of course:

All farm products
. any financial resources received from the activities of peasant farms.

It is especially emphasized that everything listed is in the joint use of the members of the farm equally, unless otherwise specifically stated in the agreement - this is when you cannot do without the help of a lawyer.

A complete and detailed list of peasant farm property was clarified 3 and a half years after the publication of Law 74-F3 on December 4, 2006 in Law No. 201-F3.

The law also defines the following provisions regarding the ownership of peasant farm property:

All members of the household own the property jointly;
. The order of ownership is specified in the agreement;
. All ownership must be exercised only in the general interests of the farm;
. Property is the guarantor of transactions concluded by the economy;
. All transactions concluded by the head of the household are assumed to be concluded “by default” in the interests of all members of the household. If a transaction causes distrust among any member of the organization, and he believes that it was concluded in the interests of individuals, then such distrust certainly has the right to be made public, but in the presence of irrefutable evidence.

When it comes to property, there is no escape from talking about its division and inheritance. The following provisions apply here:

Very important! When one of the members of the farm leaves the organization, the land and means of production in full remain the property of the farm.
. The refusenik only has the right to monetary compensation for his share. If the parties are forced to determine the size of this share in court, then payment must be made no later than a year after filing an application for withdrawal (note, and not a year after the final court decision).
. For another 2 years, the former member of the peasant farm is responsible for all the actions of the organization committed during his time in it.
. If a peasant farm ceases its activities, then the property is divided among all its members in accordance with the requirements of the Civil Code.
. The Civil Code defines both the rules and rights of inheritance of peasant farm property.

Peasant farm land

If you think that disputes about land arose when someone once exclaimed: “Land for the peasants!” - then you are mistaken. These disputes are a hundred years old, and they have always been terribly difficult to resolve.

Is it any wonder that the law allocates the largest, 4th, chapter to the resolution of the “land issue” when creating peasant farms.

It got to the point that the law was reissued twice:

First on December 28, 2013 under No. 446-F3, and then,
. June 23, 2014 under number 171-F3,

And both times it was the 4th chapter that was corrected.

So, the chapter is called “Land plots provided and acquired for the farm to carry out its activities.”

First, we need to calm everyone down right away. If the type of permitted use of land is not included in the new list of types according to Law No. 446-F3, then you will not have to re-issue all the documents.

Secondly, it is clearly defined that a peasant farm can have agricultural land in its use, and on these lands construction necessary for the functioning of the farm is possible.

Thirdly, a peasant farm can challenge in court the refusal of a local government authority to provide the necessary land.

Fourthly, the procedure for allocating peasant farm lands is strictly focused on the provisions of another law - No. 101-F3 “On the turnover of agricultural land” dated July 24, 2002. And again we are talking about the need for reliable legal support for the activities of peasant farms.

Members and head of a peasant farm (peasant farm)

Of course, the list of peasant farm members cannot remain “in one place.” It is also possible to admit new members and expel experienced workers. Chapter 5 of the law is devoted to this topic.

It's quite simple:

The admission of new members occurs with the mutual consent of all members of the peasant farm and with a written application from the new entrant.
. Leaving the farm must also be preceded by a written statement.

From the members of the farm, with the mutual consent of all, its head is elected, who must carry out his work for the benefit of the entire organization, without allowing the rights of any of its members to be infringed.

Article 17 of the law defines the powers of the head of the peasant farm:

“The head of the farm:

organizes the activities of the farm;
acts on behalf of the farm without a power of attorney, including representing its interests and making transactions;
issues powers of attorney;
carries out the hiring of workers in the farm and their dismissal;
organizes accounting and reporting of the farm;
exercises other powers determined by agreement between members of the farm.”

Closing and re-registration of peasant farms

If the head of the farm does not carry out his activities for six months, then his members at the meeting have the right to raise the issue of replacing him, which, however, does not entail the exclusion of the unsuccessful head from the members of the peasant farm.

The law allows the union of several peasant farms into unions on any basis, as long as the activities of such a new association meet the goals of the work of each peasant farm and fully comply with the laws of the Russian Federation.

Otherwise, supervisory authorities have the right to terminate the activities of any farm by court. Other reasons for the closure of peasant farms are also identified:

By mutual consent of all members;
If for various reasons there is not a single member left in the peasant farm;
In case of bankruptcy of the farm;
In case of transformation of a peasant farm into a production cooperative or business partnership.

If your peasant farm was created according to the old law of the RSFSR No. 348-1 “On Peasant (Farm) Farming” of 1990, then its re-registration is not required. Moreover, such farms can be transformed into “legal entities” on equal terms.

There is just a small nuance that needs to be kept in mind.

If your farm was already initially organized as a legal entity according to the old law of 1990, then re-registration is also not required, but only until January 1, 2021! This provision was introduced by laws No. 239-F3 and No. 263-F3 of October 30, 2009 and December 25, 2012, respectively.

Of course, organizing a peasant farm is a matter for enterprising people, real hard workers on the earth, who connect their entire future lives with it. It cannot be said that the many laws adopted have ensured any successful advancement for this form of organizing agricultural work on the land.

But what is certain is that the state is thus talking about its full support for peasant farms, and then it’s up to you how lucky it is, how things will go, how well thought out it will be and how truly in demand it will be on the market.

But here are some tips from those who decided to go down this road one day and were not disappointed:

Be sure to gain experience in relationships and work. You shouldn’t rush into business headlong. First, test the peasant farm in a small, even test version, which will not require large financial investments, then gradually expand.
Rely only on yourself in this work, apply for loans as little as possible. At the very least, all work with banks should be thought out to the smallest detail. And this despite the fact that the state is supposedly constantly ready to support the development of peasant farms. But Skrynnik, having worked as a minister for 3 years, why did she go to live in the West, and here they are also talking about some kind of summons for her to the investigative authorities. All this terribly discredits the industry itself and its initiatives, which are generally very promising.
All work must be accurately calculated, its algorithm must be understandable to any member of the farm, everyone must strictly carry out their work and understand 100% what the contribution of this work is to the success of the entire enterprise.
It is very convenient that peasant farms can supply their products to any retail outlets, while products from private plots cannot appear in stores. Peasant farms are subject to a single tax, and this is only 6% of the total turnover of the farm. Well, when a peasant farm has grown enough, it can count on state help, but this will require official registration as a legal entity.

And here are the warnings from those who have made big shots in this matter:

Peasant farms should not, at least at the beginning, get involved with trade - stop for now on solving the main problem of cultivation;
The task of finding buyers for their products should become a permanent task for any peasant farm, and from here there is only one conclusion - constant advertising of their products and constant improvement of both their quality and services for their supply.