The letter of the State Committee of Ukraine concerning regulatory policy and business in which explanations of requirements of acts on the land questions are made is published.
The letter of the State committee of Ukraine concerning regulatory policy and business from 24.02.06 of No. 1430
Legal, organizational, economic and sotsiyoalny principles of maintaining a personal country economy the Law of Ukraine About a personal kreyostyansky economy defines (Law).
According to p.1 Art. 1 of the Law under a personal krestyansyoky economy economic activity which is carried out without creation of the legal entity by the individual individually or persons, sostoyayoshchy in the family or related relations and soyovmestno living, with a view of satisfaction of lichyony requirements by production, processing and consumption of agricultural production, a realizayotsiya of its surpluses and service on an ispolzovayoniya of property of a personal country economy, including in the sphere of rural green tourism admits.
The legislator accurately defined a limit of the size of a zeyomelny site, sufficient for maintaining a personal country economy (LKH).
So, in Art. 5 of the Law it is established that for maintaining LKH use the land lots in the size no more than 2,0 hectares transferred to individuals in a sobyostvennost or rent.
For creation of conditions of realization of an initiative grazhdan concerning production of commodity selskokhoyozyaystvenny production, its processing and a realizayotsiya in the internal and external markets, and also for ensuring rational use and protection of lands of farms, legal and social protection of farmers of Ukraine the Law About a feryomersky economy also operates.
In articles 1, 3, 7 of the Law it is specified that the farm is a form of an entrepreneurial activity of citizens with creation of the legal entity which expressed desire to make tovaryony agricultural production, to be engaged in its processing and realization with a view of receiving profit on the land lots provided by it for maintaining a farm (FH).
The last can be created by one citizen of Ukraine or her several citizens who are relatives or members of the family.
Such economy has the name, the press and a stamp, operates on a charter basis.
For receiving (acquisition) in a property or in rent of the land lot of the state sobstvenyonost with a view of maintaining FH citizens address in the corresponding regional state adminiyostratsiya. For receiving in a property or in arendu the land lot from lands of a municipal sobyostvennost for maintaining a farm grazhdane address in local council.
To citizens of Ukraine – to members of farms the land lots in a razyomer of a ground share (share) of the member of the selskokhozyaystvenyony enterprise located in the territory of the relevant council are transferred to the possession gratuitously predostavyolenny of them in using. This situation not rasprostranyaetsya on citizens who acquired earlier the right to a ground share (share).
Legal bases of economic activity (hozyayyostvovaniye) which is based on a variety of subjects of managing of different forms sobstvennosti, are established in the Economic code. It defines the basic principles of managing in Ukraine and regulates the economic relations, vozyonikayushchy in the course of the organization and implementation of economic activity between subjects of a hozyayyostvovaniye, and also between these subjects and drugimi participants of the relations in the managing sphere.
Economic activity – activity subektov managing in the sphere of the public proizyovodstvo, directed on manufacturing and production realizayotsiya, works or a predostavyoleniye of services of the cost character having tseyonovy definiteness.
Economic activity which osushhestvlyaetsya for achievement economic and social rezultatov and with a view of receiving profit, is business, and subjects of a predprinimayotelstvo – businessmen.
According to Code articles 42, 45, 48 business – is independent, initiative, sistematichesyoky, on own risk economic activity which is carried out by subjects of managing (businessmen) with a view of achievement of ekonomichesyoky and social results and receiving arrived.
Businessmen have the right to conduct sayomostoyatelno without restrictions any enterprise deyoyatelnost which has not been forbidden by the law.
Business in Ukraine is carried out in any organizational forms provided by the law, on a choice of the businessman.
Order of creation, state registration, deyatelyyonost, reorganization and elimination of subjects of a predpriyonimatelstvo of separate organizational forms opredelyaetsya Economic code and other laws.
Concerning citizens and legal entities, for kotoyory an entrepreneurial activity isn’t the main, provisions of the Code extend on that part of their activity which on the hayorakter is enterprise.
With a view of formation of favorable organizatsionyony and economic conditions for predpriyonimatelstvo development authorities on conditions and as it should be, provided by the law, can provide to predyoprinimatel the land lots, transfer the gosuyodarstvenny property necessary for conducting business activity, etc.
Thus, Gospredprinimatelstvo considers that citizens of Ukraine who use (on ownership rights or rent) the land lots of razmeyory no more than 2,0 hectares, can apply these uchastki to manufacturing of agricultural production for satisfaction of own requirements and members of families. Thus to carry out gosudarstvenyony registration as the businessman without the status of the legal entity it is not obligatory.
If citizens of Ukraine use the land lots in the size over 2,0 hectares and thus systematically realize made production and products of its processing in the markets or to other legal entities and individuals, their actions contain entrepreneurial activity signs. Such citizens should create a farm or osushhestvlyat the state registration as the subject of managing – the businessman.
Lake SAKHNENKO, vice-chairman of committee.