Minagropolitika Ukrainy suggests to define legislatively features of organizational and legal bases of realization of an ownership right on the property received in joint property of citizens on account of property shares ought to them at reforming of agricultural enterprises.
Minagropolitiki Ukrainy suggests to define legislatively features of organizational and legal bases of realization of an ownership right on the property received in joint property by citizens on account of property shares ought to them at reforming of agricultural enterprises, and also an order of use of unclaimed property shares. About it it became known from the bill "About features of possession and using property which was received by citizens in a joint share property when reforming agricultural enterprises", the prepared Minagropolitiki.
As it is noted in the explanatory note to the project, in protsessereformirovaniye of collective agricultural enterprises of 4,2 million people received property in a joint share property for total amount of 15,3 billion UAH., that makes 73 % from total of the persons having the right to a property share. It is necessary to note that for providing and protection of the rights of co-owners of property of a joint share property and observance of their duties, the appropriate contents and use of property, ensuring timely receipt of funds for payment of all payments provided by the legislation, association of co-owners of property of a complete property complex can be created.
The complete agricultural property complex (TsSIK) – is the property complex created for agricultural production and processing which is connected in uniform process of production of agricultural products and can’t be physically divided without destruction of process of production. The structure of complete TsSIK includes all types of property providing its functioning, including the fixed and current assets created at the expense of activity of collective agricultural enterprises.
So, if the property which is a part of TsSIK, was distributed on property shares according to a total cost of all property complex, owners of such shares are considered as co-owners of TsSIK. Thus the share of each co-owner in the right of a joint share property corresponds to cost of their share. In case of existence of unclaimed property shares (property shares, owners which (successors) didn’t make decisions on the order them or didn’t receive the certificate on an ownership right), those are transferred in time of reforming of agricultural enterprises for balance of the enterprises assignees. Thus the property for total amount of not obtained on demand shares is stored by the enterprise assignee before transfer to his owners (successors).
If within two years the enterprise assignee didn’t establish the persons having the right to receiving unclaimed property shares, or in default owners (their successors) from an ownership right on a property share, and also in case of enterprise assignee elimination ownership right finding on property for total amount of the unclaimed shares transferred to balance of this enterprise, is carried out according to requirements of the Civil code of Ukraine.
If in joint structure of property of a complete agricultural property complex there are unclaimed property shares, association of co-owners of property can use them in the same way, as well as the enterprises assignees of collective agricultural enterprises.
(On materials of the agricultural weekly "RISS").