PEASANT (FARM) ENTERPRISES AS LEGAL ENTITIES: SOME CONTROVERSIAL ISSUES OF LEGAL STATUS
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Author(s): | Terentyev A. V., |
| Number of journal: | 4(69) | Date: | November 2024 |
| Annotation: | The article discusses theoretical and practical issues related to the legal status of peasant (farm) enterprises, which are created in accordance with Article 86.1 of the Civil Code of the Russian Federation. The author analyzes domestic legislation and Russian legal doctrine and judicial practice in order to identify legal conflicts and gaps in the field of legal regulation of the considered organizational and legal form of a legal entity. The article also suggests possible solutions to the identified problems. The author points out the need for an integrated approach to determining the legal status of farms-legal entities. Special attention is paid in the article to the consideration of issues of membership in peasant (farm) enterprises created in the form of a legal entity. The author analyzes both the corporate norms contained in the Civil Code of the Russian Federation and the norms governing the activities of peasant (farm) enterprises, which are created without granting them the rights of a legal entity, which in turn are enshrined in the law “On peasant (farm) enterprise”. The author considers the possibility of legislating the grounds and procedure for excluding a member from a peasant (farm) enterprise established as a corporate organization. The article discusses the issues of management in peasant (farm) enterprises, which are created in accordance with Article 86.1 of the Civil Code of the Russian Federation, in particular the issue of the rules for the distribution of votes at the general meeting of the corporate organizations under consideration. The article also pays attention to legal gaps in the field of legislative regulation of business in such farms, and author’s proposals are made to fill the legal vacuum that has formed. | ||
| Keywords: | peasant (farm) enterprise, contractual association of citizens, membership, members of the enterprise, management, business management, legal entity, commercial organization, corporation, corporate relations |
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| For citation: | Terentyev A. V. Peasant (farm) enterprises as legal entities: some controversial issues of legal status. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;4(69):228—233. DOI: 10.25683/VOLBI.2024.69.1173. |
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