Article is devoted to the Order of the Ministry of an agrarian policy from 20.05.2008g. No. 315 also describes recommendations concerning a procedure of the right of the common share property owners of property shares of the former collective agricultural enterprises.
The order of the Ministry of an agrarian policy of Ukraine from 20.05.08 of No. 315
With a view of ensuring protection of laws of estate of owners of property shares of the former kollektivyony agricultural enterprises and reduction in compliance with requirements of an operating zakonoyodatelstvo I ORDER:
1. To approve Recommendations concerning a procedure of the right of the common share property as owners of property shares of the former kollekyotivny agricultural enterprises who are applied.
2. To the ministry of an agrarian policy of Independent Respubyolika Krym, head departments of agroindustrial development of regional public administrations to bring the order to the notice managements of agroindustrial development of regional public administrations.
3. To recognize as Minagropolitiki who has become invalid the order from 06.04.01 of No. 96 About the approval of Recommendations concerning cession of property paevogofonda the reorganized collective agricultural enterprise in the common share property and the organizations of management of such property.
4. Control over the implementation of the order to assign to deputy minister Schmidt R. M.
Minister Yu. MILLER
RECOMMENDATIONS CONCERNING THE PROCEDURE OF THE RIGHT OF THE COMMON SHARE PROPERTY OWNERS OF PROPERTY SHARES OF THE FORMER COLLECTIVE AGRICULTURAL ENTERPRISES
1. General provisions
1.1. Recommendations relatively about an osushchestvyoleniye of the right of the common share property (further – to Rekomenyodatsy) are developed by sobstvenyonik of property shares of the former collective agricultural enterprises with a view of mechanism establishment concerning implementation of the right of the common share property by owners of property shares of the former collective agricultural predpriyayotiya, settlement of the relations between owners of such shares who aren’t brought in authorized capital of economic societies, share fund of selskokhozyayyostvenny cooperatives and contracts on an order of possession and using this property aren’t allocated in accordance with the established procedure in nature, in case of the conclusion by them.
1.2. The terms provided in the present Recommendations are used in the following value:
• the property being in the general share sobstvenyonost – the property making a property share, other property which is transferred by sobyostvennik of a property share in joint property, and also production, fruits and the income of its use;
• a property share – a share of property in share fund of the former collective selskokhozyaystvenyony enterprise, belonging to the member of such enterprise or other person having on it it is right, expressed in a monetary form and as a percentage the size of share fund. A property share udostoveryaetsya the certificate on an ownership right on a property share of the member of the collective selyyoskokhozyaystvenny enterprise (the property certificate);
• not obtained on demand property share – an imushcheyostvenny share of the member of the collective selskokhozyayyostvenny enterprise or other person having on it it is right, which aren’t known or not poluchili in accordance with the established procedure ownership rights on a property share;
• the co-owner – the owner of a property share who didn’t receive it in nature or didn’t transfer as a contribution to authorized capital of an economic obyoshchestvo or share fund of agricultural cooperative;
• the common share property – a property of two or more persons with definition of shares of each of them in an ownership right;
• a share in the right of the common share property – the share of each co-owner corresponding to cost of his property share.
2. Procedure co-owners of the right of the common share property
2.1. The right of the common share property osushhestvlyaetsya co-owners according to the contract.
2.2. The contract on an order of possession and using an imuyoshchestvo consists between co-owners in a pisyyomenny form and at will of one of the parties can be notarially certified.
2.3. The specified contract can consist both all co-owners, and their part – rather nadleyozhashchy shares in the right of the common share property.
2.4. The property administration, being in the common share property according to the zaklyuchenyony contract on an order of possession and using property, is carried out through general meeting of co-owners.
2.5. The solution of general meeting of co-owners prinimaetsya with the consent of not less than 2/3 co-owners, except decisions concerning property and vyyodeleniye alienation in share nature from property, which prinimayutsya unanimously.
2.6. According to the solution of general meeting of co-owners inventory and/or an assessment of the imushcheyostvo being in the common share property, according to requirements of the legislation about an assessment of property, laws of estate and profesyosionalny estimated activity can be carried out. Results of an inyoventarizatsiya and/or an assessment of the property being in the common share property, are the basis for revision of cost of shares in the right of the common doyolevy property, but can’t be the basis for revision of their size.
2.7. For ensuring maintaining common causes co-owners can elect the authorized person who can be the physical or legal entity.
With the authorized person the poyorucheniye contract for implementation of powers which subscribes by the co-owners voting for its election consists. Signatures of co-owners make sure the public official of village, settlement council or the notary.
2.7.1. The authorized person can be allocated with polnoyomochiya relatively:
• the property administrations, being in the common share property, in case of transfer its legal or to individuals in rent or I will jam, and also providing the help to co-owners in case of its alienation;
• preparations of offers concerning:
- allocation of shares from the property being in an obyoshchy share property, to co-owners who expressed desire to receive them in nature;
- contents, safeties, maintaining the account, carrying out inventory, reassessment and write-off of the property being in the common share property, and its preparation for sale;
- property distributions between co-owners according to cost of their shares in the common share property;
– implementation of organizational actions for preparation, convocation and carrying out general meetings of co-owners, and also ensuring convocation and a proyovedeniye of meeting on request of 10 percent of soyovladelets;
- implementation of actions for registration of ownership rights on the property being in the common share property;
- informings of co-owners on a condition of a sokhranyonost and property renewal;
- maintaining the register of co-owners and shares ought to them in the property, being in the common share property, the accounting of the income and their distribution between co-owners.
2.7.2. The authorized person not less often than once in six months reports about the activity to general meeting of co-owners.
2.7.3. For control of performance by the authorized person of the duties general meeting of co-owners can elect nablyudatelyyony council in number of three – five people from among co-owners. In case co-owners more than 10 people, creation of the supervisory board is obligatory.
2.7.4. The authorized person is obliged not later than two weeks before carrying out general meeting to deliver to the supervisory board the report on the activity.
2.7.5. The authorized person has the right to receiving the payment established by the contract on an order of possession and using property. In case of commission by the authorized person of actions which fall outside the limits its powers and put losses to sovlayodelets, it bears responsibility in the order established by the law.
3. Use of the property being in the common share property
3.1. The property being in the general share sobyostvennost, can be used by co-owners for implementation of joint production and other activity, creation of the legal entity, his transfer to management, rent or use by the different way which has not been forbidden by the law.
3.2. The decision on property use, naxodyashhegosya in the common share property, a procedure the authorized person of control of its use, and in case of transfer of such imuyoshchestvo to rent – about an order of use of a rent for renewal of the rented property, is accepted by general meeting of co-owners.
4. Share allocation from the property being in the common share property
4.1. The co-owner who expressed desire to receive in nature a share of property ought to it, naxodyashhegosya in the common share property, submits to the upolnoyomochenny person, and in case of its absence – to meeting of co-owners the corresponding statement.
4.2. The share from the property being in the common doyolevy property, is allocated to her co-owner in nature in the size equivalent to cost of a share, defined by the contract on an order of possession and using property. For allocation of the general share in nature the co-owner can unite the share with shares of other co-owners, revealed desire to receive them in nature.
4.3. If allocation in share nature from property, naxodyashhegosya in the common share property, is impossible (an indivisible thing), the co-owner who has expressed desire to receive it in nature, has the right to receiving from other co-owners material, including deyonezhny, compensations of cost of its share.
4.4. The contract between co-owners about allocation in share nature from fast estate, naxodyashhegosya in the common share property, consists in writing and is subject to a notarial udoyostovereniye.
Director of the department of development of rural territories of Century SHAPOVAL.