TO THE PROBLEM OF LAW ENFORCEMENT OF SUBSIDIARY LIABILITY OF MEMBERS OF A PEASANT (FARM) ECONOMY

Main Article Content

Ирина Павловна Чупина Елена Васильевна Зарубина Наталья Николаевна Симачкова Людмила Анатольевна Журавлева

Abstract

Peasant (farm) enterprises play an important role in agricultural production, ensure the production, processing, storage and sale of agricultural products. This article discusses the problems of implementing legislation in terms of subsidiary liability of members of a peasant (farm) economy. The authors analyzed the judicial practice, identified a number of problems in terms of law enforcement of the norms of the Civil Code of the Russian Federation and the Federal Law “On Peasant (Farm) Economy”. The main directions in the application of the current legislation by the courts were identified. They proposed specific mechanisms for enshrining provisions on specifying or protecting members of peasant (farm) households, in terms 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 for improving the legislative framework in the event of subsidiary liability. The theoretical significance of the study lies in the systematization of court decisions, in the main areas of decision-making by courts in the application of subsidiary liability. The practical significance of the study lies in the formation of specific proposals for the preparation or introduction of amendments to the constituent documents of peasant (farm) enterprises.

Article Details

Section
Agricultural economics and policies

References

1. Civil Code of the Russian Federation (Civil Code of the Russian Federation) dated November 30, 1994 N 51-FZ
2. Federal Law "Land Code of the Russian Federation" dated October 25, 2001 N 136-FZ (as amended on December 5, 2022) (as amended and supplemented, effective from January 1, 2023)
3. Federal Law "On the Peasant (Farm) Economy" dated June 11, 2003 N 74-FZ (last edition)
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5. Ruling of the Arbitration Court of the Altai Territory in case N 4Г-1893/2018 dated December 25, 2019
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