ECONOMIC AND LEGAL FEATURES OF TRANSACTIONS AGRICULTURAL COOPERATIVES
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Abstract
The Civil Code of the Russian Federation in Article 153 [1] established the concept of a transaction, which is defined as follows: “Transactions are the actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.”
The Civil Code of the Russian Federation divides transactions into bilateral or multilateral (agreements) and unilateral. A unilateral transaction is considered to be a transaction for which, in accordance with laws, other legal acts or agreement of the parties, the expression of the will of one party is not sufficient. To conclude an agreement, it is necessary to express the agreed will of two parties (bilateral transaction), or three or more parties (multilateral transaction) (Article 154 of the Civil Code of the Russian Federation).
Transactions can be made by any organizational and legal forms of management operating in the state economy, including agricultural cooperatives.
Federal Law “On Agricultural Cooperation” No. 193-FZ of December 8, 1995 [2] in Article 38 established the requirements for cooperative transactions, which are currently in force, taking into account the amendments and additions made by Federal Law No. 73-FZ of June 11, 2003 and other regulatory legal acts.
The legislation on agricultural cooperation determines the list of transactions for the implementation of which cooperatives can, if necessary, enter into agreements. The basis of transactions concluded with agricultural cooperatives is based on civil law relations. The purpose of this scientific research is to assess the list of transactions carried out by agricultural cooperatives in the context of transformations of social relations associated with the development of agricultural entrepreneurship and market changes in legal regulation in the field of the agricultural economy.
The objectives of the study are to analyze the state of transactions of an agricultural cooperative and the types of contracts used when concluding a transaction in accordance with the norms of the Civil Code of the Russian Federation and other legal acts of civil legislation.
The scientific novelty of this work is due to a comprehensive study of transactions carried out by agricultural cooperatives in accordance with the norms of civil and corporate legislation.
Research methods: civil law; legal assessment; economic analysis.
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References
1. Part two - Federal Law No. 14-FZ 01/26/1996 / SZ RF, 1996, No. 5, Art. 410.
2. Part three - Federal Law No. 146-FZ November 26, 2001 / SZ RF, 2001, No. 49, Art. 4552.
3. Part four - Federal Law No. 230-FZ 12/18/2006/ Rossiyskaya Gazeta, 2006, paragraph 4255.
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