TO THE PROBLEM OF ENFORCEMENT OF SUBSIDIARY LIABILITY OF MEMBERS OF AGRICULTURAL CONSUMER COOPERATIVES

Abstract

At the present stage great importance is given to the activities of agricultural cooperatives, providing production, processing, storage and sale of agricultural products. In this article the problems of implementation of legislation in the part of subsidiary liability of members of agricultural consumer cooperatives are considered. The authors, having studied a wide layer of judicial practice, have defined the range of problems in the part of enforcement of norms of the Civil Code of the Russian Federation and the Federal law "On agricultural cooperation". They identified the main directions in the application of the current legislation by the courts. Suggested specific mechanisms for fixing the provisions on concretization or protection of members of agricultural consumer cooperatives, with regard to the application of subsidiary liability. To summarize the results of the study methods of analysis and synthesis were used, as well as the method of legal analysis, which is used, in terms of proposals to improve the legislative framework in the occurrence of subsidiary liability. Theoretical significance of the study lies in the systematization of court decisions, on the main directions of rulings in the application of subsidiary liability. The practical significance of the research lies in the formation of specific proposals for the drafting or amendments to the constituent documents of agricultural consumer cooperatives.