ADMINISTRATIVE AGREEMENT IN THE AGRICULTURAL SECTOR OF ECONOMY OF UKRAINE
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
The article analyzes the administrative agreement in the sphere of agricultural law. The attention that the contractual relationship has always occupied an important place in the agricultural producers. In terms of reform and increasing interest in contracts concluded between an agrarian law and subject matter of the government investigation of the administrative agreement in the field of agrarian law is relevant as never before. In terms of agrarian reform an important place in the agricultural commodity take place contractual relationship, as it is based on contracts being implemented agricultural products, agribusiness entities entering into relations with banks to obtain credit and loans, acquisition of capital goods (fertilizer, fuels and lubricants, tolling raw materials), carry out maintenance of agricultural machinery, machinery and equipment in enterprises ahroservis and enter into relationships with government authorities, other entities. Agribusiness entities endowed with the capacity to establish business ties in various fields on the basis of agricultural commitments. Thus, successful agricultural activity involves the conclusion and execution of agrarian and legal obligations by their participants. Agreements in the agro-industrial complex are a way of processing commodity-money relations, which require a coordinated regulation of unlimited exorbitant state interference. In today’s conditions of development of market relations in agriculture, the contractual form of economic relations between the participants of the agroindustrial complex becomes very urgent. The agreement in the agroindustrial complex – a natural way of processing commodity-money relations, inherent in a market economy. Commoditymoney relations require a coordinated regulation, which is a treaty, not burdened with excessive state interference. The treaty acts as a legal form of regulation of economic relations of all agro-entrepreneurs without exception. Such a legal form used in carrying out economic and other activities of producers of agrarian products in relations with state, cooperative and private partners. Agrarian agreements are a legal form of regulation of external and internal business relations with the participation of agribusiness subjects. The contractual legal capacity of each subject of agrarian business activity determined by the current legislation of Ukraine, as well as in local acts of agrarian legislation, in particular in the statutes of agrarian enterprises and farms. Nevertheless, agriculture without state regulation specifically aimed at protecting its property interests without creation of a support system it can not function effectively, as agriculture is an industry with increased production and economic risk. That is why the use of administrative contracts in this area is extremely relevant and expedient. Brilliant examples of the administrative agreement in the agrarian sector are contracts for the purchase of grain. One of such contractual relationships is the legal relationship that arises when applying forward purchases of grain. The state, represented by the Cabinet of Ministers of Ukraine, by establishing minimum guaranteed grain prices, which is part of the pricing policy in Ukraine and aimed at supporting grain production, provides the agricultural producer with a minimum income from his activity in order to ensure that he receives reimbursement of mediumscale production costs and the provision of minimum profits sufficient to reproduce production. Consequently, based on all above, one can conclude that the legislation does not directly provide for the conclusion of an administrative contract. Despite this, the legislation of Ukraine establishes the means of support by the state authorities of economic activity carried out by subjects of agrarian legal relations. But despite this, the relations that arise between the bodies (subjects) of the state power and subjects of the agrarian law are regulated by state acts and administrative regulation methods, which in turn are indicated in the legislative acts or constituent documents of the subjects
Authors and Affiliations
О. П. СВІТЛИЧНИЙ, А. М. , Гуд
Keywords
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